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Full text of "The Parliamentary or constitutional history of England, from the earliest times, to the restoration of King Charles II"

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O R 

Hiftory of England; 

From" the earliefl TIMES, 

Reftoration of King CHARLES II. 


NALS of both HOUSES, the public LIBRARIES, original MA- 
NUSCRIPTS, fcarce SPEECHES, and TRACTS j all compared 
with the feveral Contemporary WRITERS, and connected, 
throughout, with the Hiftory of the Times. 


The SECOND EDITION, in Twenty-four Volumes. 

VOL. I. 

Prom the Conqueft, to the Depofal of King Rickardll. 


Printed for J. and R. TONSON, and A. MILLAR, in the Strand; and 
W. SANBBY, in Fleet-Street. MDCCLXII. 

To His Grace ^ , 7 

T H O M A' 

Lord Archbifhop of CANTERBURY; 

T O 

The Right Honourable 

P H I L I P, 

Lord HARDWICKE, Lord High Chancellor 


The Right Honourable 


Speaker of the Honourable Houfe of 

The following Work is, with the utmoft Gratis 
tude> infcribed by 

Yheir moji obliged, 

And obedient humble Servants, 

jpril, 1751. 






c~T*HE general Neglett of all our Hiflorians, 
in regard to the Proceedings of Parliament, 
which may be jujlly ftyled the Conftitutional Hi* 
ftory of England, Jirft gave Rife to this Attempt: 
Thefe Writers are fo engaged in difplaying the 
Accounts of Battles, Sieges, and other jlriking 
TranfaSlions of War Abroad, that they feem 
entirely to have forgot the Sinews of it, the rai~ 
fmg of Supplies by Parliament, at Home - y ac- 
cording as the different Exigencies of the State 

This great Omiffion induced federal Gentlemen, 
fome Years fine e, to begin to colleft proper Mate- 
rials for an Authentic Hiftory of the Proceedings 
of Parliament, from the earliejl Times. 

The firjl Step neceffary herein, ivas a diligent 
Examination of the Records, the Parliament- 
Rolls, the Journals of both Houfes, and Public 
a 3 Libraries, 


Libraries. The tracing out fuch Particulars as 
were to the Purpofe in the Firjl, was undertaken 
by the late Mr. George Holmes, Deputy-Keeper 
of the Records in the Tower, who generoujly of- 
fered his Service therein. The Lords' Journals, 
the Parliament-Rolls, and Rymer'-f Fcedera, 
have all been carefully examined by fome Gentle- 
men well acquainted with Englifh Hiftory, who- 
chufe rather to. defer well of the Public, than 

to receive their Thanks. From all thcfe have 

teen extracted fo great a Variety of Tranf actions^ 
hitherto unknown, as is really amazing. Every 
Writer of Englifh Hiftory, except Bifoop Burner, 
has entirely neglecJed the Lords' Journals : And 
even that learned prelate, who had Liberty 
given him to fearch therein for Materials, feems 
only to have curforily dipped into. them. Whe- 
ther the huge Number of Volumes deterred his 
Lordjhip, or the Difficulty of procuring thempre^ 
vented other Writers, we know not : But the 
Publication of this Work will dcmonjirably prove y 
that tbefe great Authorities have hitherto been 
either wholly omitted, or, & moft^ but flight ly 
pajjed over. 

The Houfe of Commons Moving, a few Tears 
Jince, ordered their Journals to be printed, a Set 
of thefe were fupplied by an Honourable Member 


of the prefent Parliament : And it 'would be the 
higheft Injuftice not to acknowledge the great Care 
and Accuracy cbferved in the noble Edition of 
that Work. 

The Public Libraries, and particularly the 
Cotton, have furnifhed Abundance of Materials 
for our Purpofe, which are omitted even in the 
Journals cf both Houfes. Many original Manu- 
fcripts and fear ce Pamphlets have alfobeen com- 
municated by private Gentlemen ; but the public 
Sale o/'/^Harleyan and other Libraries belong-* 
ing to antient Families, have fupplied a Variety 
not to be exprejjed* 

In a Work of this Nature the great eft Impar*- 

tiality is juflly required-, and the Compilers per- 

Juade themfelves the Event willjhew, that it has 

been as ftriftly obferved. A few Hints of the, 

Method taken herein may not be improper. In 

the earlier fames the Work is chiefy compiled 

from the Records, /<? Parliament-Rolls, and the 

moft refutable antient Writers of Englifh Hi- 

Jlory: In the Reign of Henry VIII. the Lords* 

Journals begin -, and t under Edward VI. thofe of 

the Commons. The Reigns of the fucceeding 

Princes, to that of Charles I. have been written 

by Contemporaries. From the fame, therefore* 

viii P R E F A C E\ 

of the Commencement of the Journals of either 
Houfe, this Work may be faid to be, if nothing 
more) A Faithful Abridgement of thofe un- 
doubted Authorities. 

' From the latter End of King James, to the 
Death of his Son Charles I. Whitlocke, Claren- 
don, and Rumworth (contemporary Hiflorians) 
have been consulted: The Firji of thefe is very 
exaffi ; the Second, much lefs fo; and t ' as to the 
Latter, ive are for ry to fay, the Public have not 
fo many Obligations to that Gentleman s Collec- 
tions, -as hath been generally imagined. For In- 
Jlance, one among many An Addrejs of Parlia- 
ment, entered in the Lords' Journals, being col- 
lated with the printed Copy of Mr. Rufhworth, 
fuch Variations and Omiffions appeared as were 
aftonijking. That thefe Difcoveries were never 
made before, miift be owing either to the Difficulty 
cf coming at the Journals, or the Trouble of 
ft arching them-, for Party -Zeal would not other- 
wife have fuffered fuch Miftakes to have been fo 
long Juried in Silence. However, upon this In- 
Jight, it was thought necejjary to collate all the 
Kings Speeches, Meffages, and Declarations ; as 
a/ft the fever alAddreJes, Remo?7/l ranees, Speeches, 
6cc. in each Houfe, fas printed in Rufh worth) 

with the Journals, and -federal original Manu- 



fcripts and Pamphlets of the Times : And thh 
has been done accordingly, with the great eft Care 

and Exaffnefs. Hereby many Omijjions have 

been fupplied, and obfcure Pa// ages rejtored: But, 
at the fame Time, to do Mr. Rufhworth Jttftice, 
his Text is added by Way of Note. 

The References made to Affs of Parliament, 
and the Tear-Booh, and other Quotations, in 
the feveral Speeches and Arguments, have all 
been carefully examined by an ejninent Barrijler 
at Law. The moft remarkable Statutes in every 
Sejfion of Parliament are taken Notice of; and 
the State of the Peerage given in every Reign ; 
as alfo a general Lift of the Taxes raifed, and the 
Price of Provifions, by which the Reader will be 
better enabled to form fome Kind of judgment of 
the Value of Money in each Reign. 

Upon the Whole, nothing in the Courfe of thh 
Work is laid down without proper Authority, 
which is always referred to in the Margin. The 
modern Spelling is followed throughout, except in 
feme Inflances, wherein the original Orthography 
is preferved, merely tojhew the different Changes 
of our Language in the feveral fuccejjive Ages* 

After all this, the Compilers thought it their 
Duty to fubmit the Copy to the Examination of 



feme Peers of the Realm, federal-Members of the 
Houfe of Commons, and other Gentlemen well 
njerjed in the Laws and Confutations of their 
Country ', who 'were pleafed to approve the Defign. 

By thefe Inquiries the young Nobility and 
Gentry of this Kingdom will be better injlrufted 
in the Conftitutional Part of it y and conjequently 
more enabled to ferve their Country in Parlia- 
ment ; jfc? they mil fee, at one View, all the 
Difputes that have ever happened here about the 
Prerogative of the Crown and the Liberty of the 
Subject. The Gentlemen of the Long Robe will 
meet with enough for their Speculation, and per- 
haps Improvement in their Profejfion; many Par- 
liamentary Cafes, Precedents, and Trials falling 
in the Series of this Work, never before printed. 
And even the Clergy will Jind that a great deal 
ofChurcb-Hiftory is necejjarily interwoven in it. 

The FIRST VOLUME begins with the Con- 
queft -, and ends with the Depofal of Richard II. 

The SECOND extends from the Accejfton of 
Henry IV. to the Death of Henry VII. 

The THIRD begins with the Reign of Hen- 
ry VIII. and comes down to the breaking out of 
the French War* 5' Elizabeth. 


hes the Reign 0/^ Elizabeth* 

T^FiFTH begins with thcAccejfion <?/"JamesL 
and ends with the ZQtb Tear of his Reign, 

nue the Work to the Meeting of the Parliament, 
November 3, 1640, the Proceedings whereof do 
begin our NINTH Volume. - And here we enter 
upon the Hiftory of a Parliament of fo long a 
Duration, andfo plentifully jlored with Materials 
on both Sides of the Queftion, that to publijh 
every Taking would fatiate the greediejl Appetite 
for Hiftory: Many Things therefore muft be 
omitted on Account of their Prolixity; and yet we 
will venture to, affirm that nothing of Moment, 
on either Side the Queftion, will be wanting to 
fet forth thefe diftrafted imes in a proper Light. 
But where we meet with Trials, or other Matters 
of too great a Length, and fuch as are printed 
jftngly, ar in the State-Trials, f which are in 
every Eodys Hands) a fuccinct Account of them, 
only may be thought Jufficient* 

We Jhall not trouble the Reader, or ourfelves,, 
in giving the Sentiments of any Writer fmce the 
Reiteration, on Matters happening in, thofe 
imes, though the Contemporary Hijiorians can- 




not be omitted^ especially on Affairs purely Parlia- 
mentary: But of the Civil Wars iff elf, the Bat- 
tles, Sieges, and other bloody 'Tranf actions of it, 
wejhall take no further Notice thanjuft to men- 
tion the mojl remarkable of them, in order to keep 
up a proper Connexion. 

Jlood the Preface to the firft Eight Vo- 
fumes of this Hiftory, which were publijhed in 
the Tear 1751. A bold Undertaking, to Jlart 
Into the World, at once, with Jo many Volumes > 
which were not wrote in a Garret, at fo much 
a Sheet Letter-Prefs, but by Perfons animated 
with a Zeal more to ferve their Country than 
themfefoes -, and who were not much concerned 
what Succefs their Labours would have in the 
World. However, it muji be owned that, when 
they found the Public relifhed their Undertaking, 
by the quick Sale oj the firjl Right Volumes, they 
were more encouraged to proceed in the Work', 
which miift necejjarily occafion more Expence in 
1 collecting Materials for their Purpofe. 

In the Tear 1753 were publifted five more 
Volumes of this Work-, the Preface, or Introduc- 
tion, to which is left founding, as it was in the 
Jirjl Edition,, becaufe the Obfervations there made 


PREFACE. xiii 

on fome of the principal Collectors and Contem- 
porary Hijhrians of the Times, there treated of, 
are necejfary to be read and under Jlood .by thofe , 
'who 'would make themfehes Majlers of the Sub- 
ject. For the 'very fame Reafon the Preface to 
the Fourteenth Volume, which came out in 1755, 
is in the fame Situation it Jlood in at that Time. 
And the Jhort Introduction to the Nineteenth 
Volume, 'which appeared, with its Partner, in the 
Tear 1757* is aljo left, becaufe it goes on with a 
Recapitulation of the chief Materials this mighty 
Work was built with, and the friendly Aid which 
affijled the Compilers of it. Lajlly, inij6o came 
out two more Volumes, which bring the Hiftory 
down to near its dejigned Period, 1 660 j and the 
next Tear the Conclufive Part, 'with an Appen- 
dix and a 'very 'copious Index, were publifhed, 
which ends this whole Work. The Preface to 
which laft Publication is reprinted in this Edition, 
by reafon of the Matter it contains ; 'which, to 
recapitulate here, would fwell this to too great a 

But, notwithjlanding what has been faid, by 
Way ^Preface, in the nrft Edition of this Work, 
there is an abfolute Neceffity to fay fomewhat 
more on the Publication of this fecond, to Jhew 
the Reader the Reafons why - the firil Two Vo- 


lumes of them are fo greatly altered from the for- 
mer / Very foon after their Appearance in the 
World the late Duke of Argyle, [Archibald] who 
highly dpprovd of the Work, fuggejled one great 
Omijpon, in quoting from the printed Abridge- 
ment of the Parliamentary Records in the Tower, 
when we Jhould have quoted the Originals; as the 
former, bejides many Miftakes, are of no Authority 
in the Houfe of Lords ; but the latter fur ely are. 

The Duke offered us the Ufe of a Copy from the 
Originals, in his noble Library, to conjult before 
we reprinted a new Edition, which he faid a 
Work of this Kind would certainly come to 

His Grace's Prophecy of a iecond Edition of 
this Work was fcarce believed at that 'Time by 
the Compilers; yet his Advice was taken, though 
not in his own Way; the Attendance on the Duke's 
Library in Town being found incompatible with 
the Residence of the Compilers, who live-d in the 
Country* By the Favour of another Nobleman, 
now in high Station, and of great Dijlinttion, 
another Copy was borrowed* which proved to be 
the frft that ever was taken from the original 
Records in the Tower : Of which the following 
^ejlimony, wrote in a blank Page of the preceding 
Volume, in Lord Wey mouth' s own Hand, is a 

fufficient Evidence : 



Thefe three-and-twenty Volumes (including 
the Index) of the Parliament-Rolls were tran- 
fcribed from the Originals, by the Order and 
Direction of Mr. Halftead, whilfi he was Keeper 
of them, and were by him, carefully collated ; 
from whofe Widow the Lord Thomas Vifcount 
Wey mouth purchafed them for the Sum of One 
Hundred Pounds. 

Note, Thefe were the firft original Copies 
from which all others now extant, in 
feveral Hands, were tranfcribed. 

*I he great Number of thefe Volumes, the diffe~ 
rent Hands they 'were wrote in, and the different 
Languages they were compofed of, did not deter 
the Authors from entering upon, and, with much 
Pains and Labour, going through them. Thus 
are the Volumes of this Hiftory, as far as thefe 
' Records go, authenticated, which is to the End 
of the Jhort Reign of Richard III. And herein, 
we foon found that the Dukes Sufpicions of the 
Faithfulnefs of the Abridgement were not with-* 
eutjuft Reafon-, for fuch a Number of Miftakes, 
in Mifnomers, Mifeonftr unions, Omiffions, &c, 
were feen, as is fcarce credible Jhould be. in a 
Book which bears this Title, 




An exact Abridgement of the Records in the 
'Tower of London, from the Reign of Ed-ward II. > 
unto King Richard III. of all the Parliaments 

holden in each King's Reign, &c. Collected 

by Sir Robert Cotton, Knt. and Bart. Revifed, 
rectified in fundry Miftakes, and fupplied with 
a Preface, marginal Notes, feveral Omiffions, 
and exact Tables, .both of the great Matters, 
great Officers, Speakers, Nobles, and other Per- 
ibns therein contained. ty William PrynneJL^, 

a Bencher in Lincoln s-Inn. -London printed, 

1657. Folio. 

William Prynne, Efq-, according to his ufual 
Cujlom, hath bejlowcd a very long-winded Pre- 
face to this Abridgement of Records, tending 
chiefly to put a proper Value on tho/e Abjirafts-, 
which indeed, had they been carefully and Cor-> 
reftfy done, muft have had their due EJleem: 
But we fay again that there are fuch an infinite 
Number of Erratas, of all Sorts, in this Book, 
that 'when we began to correct our Copy of it, 
and had proceeded with that Intention fame Way, 
they increafed fo abundantly upon us that we 
gave it up, left it fhould fruftrate our main De~ 
jigJi*. From whence we may very well judge that 
the voluminous Mr. Prynne was more dejirous of 


p R E F A C E. xvii 

being jtiled the Author of fo many Books and 
Pamphlets as he printed and publijhed with his 
Name to them a , than to be correct in 'what he put 
out into the World: And from this Inftance we. 
may well Jujp eft that his other, and much greater 
Works, are done with the jame Care and Exa5t- 

Eut to conclude, for Fear of being thought as 
tedious in prefacing as Mr. Prynne himfelf; the 
two firft Volumes fthis lecond Edition have alfe 
received fome conjiderable Additions and Altera- 
tions from the Care and Accuracy of a late wor- 
thy and learned Gentleman *Y who was at the 
Pains to collate and compare the former Reigns" 
of our Kings, particularly that of Edward I. . 
with all the old Monkifo Hijiorians nearejl that 
Kings Reign -, by which Jeveral Additions were 
made, and jome Errors corrected. Tet all this was * 
not done to enhance the Price of the new, or damn 
the old Edition, as has been but too jrequently 
b prafli/ed 

a We have feen a Lift of more than fifty printed Hooks 
and Pamphlets with his Name to them, or known to be his. 

b The late Robert Hobhn, Efq; of Nanfwlddwg , in Corn- 
wall, and Member in a former Parliament for the City of 
BrijJoL A Gentleman to whofe Candour and Knowledge, 
efpecially in En^UJfj Hiftory, the Compilers of this Work . 
owed great Obligations. 

xviii PREFACE. 

pratfifed by feme great Authors our PredeceJ/ors. 
*To obviate this Imputation) Care has been taken 
to print as many fupernumerary Volumes as will 
ferve to exchange 'with thofe who have bought the 
jirft -, and public Advertifement will be made of 
it, that Gentlemen may Jena 1 their Jirft two Vo- 
lumes, of the former JLdition, and have the new 
delivered to them. 

S3 5 The Folios of the old Edition are printed 
within Crotchets in the Margin of the new, 
which ferves the Index. In two or three Sheets 
at the End of the Second Volume fome of the 
Pages of the old Edition are tranfpofed in the 


Parliamentary Hiftory 
o F 


ARLIAMENTS are, without all Doubt, Of the Origin 
of very antient Extraction ; but to fix the and Name of 
Time of their Beginning, in this King- pARLIAI 
dom, is a Matter attended with fo many 
Difficulties, that it may be called Folly 
or Madnefs in any Writer to attempt it. 

Neverthelefs, we take it to be neceflary to lay fomewhat 
relating to this intricate Subject ; though what we {hall 
write, as it will not be very pleafing to ourfelves, fo we 
cannot apprehend that it will give much Satisfa&ion to 
our Readers. 

The very Word PARLIAMENT, or rather Parhment* 
is, in its Derivation, as perplexing as the former ; and 
the very beft Etymologifts differ ftrangely in their Opi- 
nions about it. We mall not endeavour to amufe our 
Readers with their various Conjectures; who will, may 
confult Francifcus Junius, Skinner, Gouldman^ and others, 
who have publifhed large Dictionaries in that Science ; 

VOL. I, A t<? 

Parliamentary HISTORY 

to us it feems that the Word is certainly of French or 
Norman Extraction a ; and by this we maybe led to 
fuppofe that the Origin of thefe Afibublies, in this 
Ifland, is owing to the antient Cuftoms in France^ fome 
Centuries before our Conqueft b . And we are not to 
imagine, becaufe the Monkifli Writers, foon after that 
Period, always called thefe Meetings Parliaments y \vh\ch 
happened in the Times of the Saxons before them, that 
they were fo denominated by thofe People, but had this 
Name from the Normans their Succeflbrs. 

In all Nations of the World hitherto known, and in 
all Ages, the Laws they were governed by were firft 
made by the Advice and Confent of thefe general Af- 
femblies, and then promulgated to the whole Commu- 
nity. And if the Jewijh Sanhedrim, the Grecian and 
Roman Senates, the Druid and Gaulijb AfTemblies, and 
particularly our own Saxon Gemots 9 If^itten Gemots^ or 
Folkmotes, bore any Allufion to our prefent Parliaments, 
the Source of them runs very high indeed. Mr. Prynne^ 
in his Sovereign Power of Parliaments, tells us, ' That 
it is apparent from all Precedents before the Conqueft, 
that our priiline Synods and Councils were nothing elfe 
but Parliaments ; that our Kings, Nobles, Senators, 
Wifemen, Knights, and Commons (we cannot help ob- 
ferving that he omits Bifhops, though they were mpft 
certainly a Part of the Conftitution as antient as any) 
were ufually prefent, and voted in them as Members and 
Judges. Mr. Camden^ Sir Henry Spelman^ with other 
Writers, alfo go a great Way to prove the Commons 
to have borne a Part in Parliament in the Times of the 
Saxons ; but they do not fay that they were called by 
{hat Name, or elected as Knights, Citizens, and Bur- 
gefles were in After-Times. 

The Laws of Ina, our IFeJI-Saxon King, which were 
made and publifhed about the Year 720, are there faid 


a It feems to be derived from the Franco-Gaulle Verb par/er, to fpeak 
or debate; fo Parkmcnt, a Speaking or Debating. This antient Name 
fufiiciently denotes the Freedom of Speech fo abfolutely neceflary in thefe 
Grand Co'unciis or Afiembliss. My Lord Coke tells us, That Parliament 
is derived from Parler le Ment, i. e. from fpeaking the Mind. He might 
as well tell us, fays Ryner, that "Firmament is Firma Mentis, that h, a 
Farm for the Mind ; or Fundament, the Bottom of the Mind. Rymer's 
Antiquity, &c. of Parliaments. London, izmo, 1714. 

b Suppofed to have been ufed in France before the Time of Charlemagne, 
in the feventh Century. See a late Account of the antient Parliaments of 
France, by Cbarlts Forman, Efqj LtnJun, ^ Vols, $vo, 1739. 


to be done by the Advice and Confent of all his Alder- 
men and Senior Wifemen of his Kingdom; befides a 
great Number of the Clergymet together on that Oc- 
cafion. The fame is mentioned at the End of the Laws 
of King AtbelftetKi as well as thofe of King Etbelred, his 
Succefibr c . But who thefe Wifemen were, whether [ 3 ] 
Lords or Commons, or both together, we are not able 
to determine. The Chronicle of John Brompton men- 
tions a great Council, or Affembly, to be held at Salif- 
lury in the Days of King Edgar, about the Year 970, 
of all the Nobles in the Kingdom* 1 ; and another at 
Oxford, by King Canute the Dane, in the Year 1030. 
Thefe are all, or the greateft, Teftimonies that can be 
produced of Councils, or Parliaments, being called, by 
our Saxon or Danijh Kings, to make Laws before the 
Conqueft e . 

The Writers in Favour of Monarchy, fuch as Sir R. 
Filmer, Dr. Brady, Dr. 'Johnjhn, and others, deny that 
the Commons had any Place or Power in thefe AfTem- 
blies untill long after that Period. They fay, indeed, 
that the Saxon Kings ufed to convene the Nobles and 
A 2 Bifhops 

c Leges IN^ Regis Wefl-Saxonum. Circa An. 720. 

Ego Ina, DeiGratia, Weft-Saxonum Rex, Exhortations et DoElrina Con- 
redis Patrit mei, e; Heddas Epifcopi met, et Herchonwaidi Epifcopi met, et 
omnium Aldermannorum meorum, el Scniorum Sapientium Regni mei, multa- 
yue Congregations Servorum Dei, &c. Cbron. Johan. Brompton inter 
Decem Script. Col. 761. 

Ad Finem Legum ATHELSTANI Regis. Circa An. 930. 

XXXIV. Sax. 25. Totum hoc inftitutum cji et confrmatutn in Magno 
Synulo apud Greateleyam, cui Arcbiepifcopu* Wulfius interfult, tt emnes 
Oftimates et Safriertes quos Adelftanus Rex fotuit fongregarei Ex eodem, 
CW. 845. 

Leges /ETHELRKDI Regis. Circa An. 1000. 

Hoc ejl Ccnjilium gued j^Bthelredus Rex et Sapientts fui condixerunt, &c t 
Col. 893. 

llrtjunt Leges qua* ^EthIredus Rex et Sapientesfui conftituerurtt. Cc/.Sg 5. 

Heec funt ISerba Pads et Prchcutiones, quas ^Ethelredus Rex, et ontnes 
Sapientes tjus, cum Extrcitu frma-verunt , &c. Col. 899. 

yide Lambard de Pnfcis Anglorum Legibus, Cantabrigiae A. 1644. 

I The Words are, Can fit's Regni Proceribus congregatis. And, Pofl b<ec 
pit Oxoniam Parllamcntum temiit, (fcil. Canutus) ubi Angli ftmul et 
Dani de Legibits Edgaiis Regit obfervandit Concordes facii Junt, Cbron* 
Johan. Brompton inter Dtcern Script. Col. 866, 908. 

c Polydore Vergil fays, That Parliaments are of French or Ncrwan Ex- 
fraftion ; his Words an 1 , More Gallico, -vulgo Parliamentum appellant, quod 
ui-.tifquifque Rex, Itiitio fui Regni, Labere fu/et, ut ibi Ji quid ex antiquis 
Coii/litutis, Legibufve, tnllendum, ac rurfui condendum fit, id de Conjilii Sen' 
tcn<:a fat j qu:, et aeinde yxttin Rfs fojiulat, J'uo Skbitratu illud ipfum 
ffwccati Lib, xi, n. 188, 

The Parliamentary HISTORY 

Biftiops of the Realm, to confult with them how to de- 
fend themfelves in Cafe of an Invafion, to levy Taxes, 
or to promulgate fome new Laws amongft the People, 
[ 4 ] or to be Witnefles to public Charters. This laft is 
evident from feveral Saxon Charters, copied and prefer- 
ved by Hiftorians, as well as fome Originals ftill extant 
amongft us ; wherein, befides the King, the Nobility 
and Biftiops, to a confiderable Number, fign'd with him. 
But then thefe Authors afTert, that the whole Body of the 
Commons were in an entireVaflalage to the Nobility and 
Clergy at that Time, and long after, and had nothing they 
could call their own, no, not fo much as their Lives. 

That this was the Cafe of the Commons 'till fome 
Time after the Conqueft, appears pretty plain ; but with 
the Lords it was otherwife, for Sir Henry Spelman tells 
us in his Glojjary^ that, befides what has been faid of 
their Conventions, in the Times of the Saxon Kings, 
William I. compofed his Great Affembly, or Magnum 
Con/ilium of the Nation, from thofe Tenants that held 
of him in Capite ; and that Parliamentary Barons were 
created by the King's Writ, out of thofe of good Poflef- 
fions ; whereby William referved to himfelf a Tenure in 
Chief by Knight's Service. Thefe Judges were at that 
Time the fupreme Judicature ; but the Original of the 
Houfe of Peers, as to its tranfcendent Power, does not 
feem plainly to appear till the Reign of Henry III, when 
ipecial Writs of Summons were fent out to the Nobility 
diftin&ly by themfelves. 

But at what Time the Commons became a Branch of 
the Legiflature is much more uncertain. Many will 
have it that they were not admitted as a Part of Parlia- 
ment untill the 491)1 of Henry III. for which this Rea- 
fon is afiigned, That the firft Writ of Summons of any 
Knights, Citizens, and Burgefles, now extant, is of no 
antienter Date than that Time. 

This is again feemingly contradicted by MagnaCbarta^ 
or the Great Charter granted in the 1 7th Year of King 
'John : For by this it appears that it was made per Re- 
gem> Barones^ et LIBEROS HOMINES totius Regni ; by 
which it feems plain, that it was not made by the King 
and Barons only. And Mr. Selden f fays, That the 
Borough of St. Allan's claimed by Prefcription, in the 


f Sdttoi's Titla of Honour, p, 709. 


Parliament of the 8th of Edward II. to fend two Bur- 
gefies to all Parliaments, as they did in the Time of 
Edward I. and his Progenitors ; which muft be in the 
Time of King John, his Grandfather, and confequently 
before the Reign of Henry III. 

Polydore Vergil^ HelUng/htad, Speed, &c. fay, That 
the Commons were firft furnmoned to a Parliament at 
Saliflury, in the i6th of Henry I. Sir Walter Raleigh* 
in his Treatife of the Prerogatives of Parliaments, thinks 
it was in the i8th of Henry I. Lord Bacon, in a Let- 
ter to the Duke of Buckingham, afks, Where were the 
Commons before Henry I ? which plainly implies nis 
Opinion that there was a Houfe of Commons at that 
Time at leaft. And Dr. Heylin finds yet another Be- 
ginning for them, which was in the Reign of Henry II. 

Such and fo various are the Opinions of learned Men 
on this Subject : It is not to the Purpofe to purfue them 
any further, and we (hall content ourfelves in faying, 
That whenever the Commons were taken in as one 
Branch of the Legiflature, it was a Glorious Addition 
to the others ; was a great Bulwark to the Liberties of 
the Subject, and, altogether, as the general Afient of the 
the King and Realm to make Laws and Ordinances; 
was juftly called, by antient Writers, 

Gommitne Con/ilium, Magnum Conjilium, Placitum 
generals^ Curia altijfima, et Pariiamentum generate feu 

The Power and Authority of Parliaments in making 
of Laws, in proceeding by Bill, or otherways, is fo 
well known, fo often treated on by others, and will fo 
evidently appear in the Courfe of this Hiftory, that it is 
ncedlefs to fay more of it in this Place. 

But it will not be amifs, before we enter upon our Hi- 
florical Facts, under the feveral Reigns, to premife fome- 
what relating to the originalCreation of the Peers that com- 
pofe the Upper Houfe of Parliament, under their feveral 
Titles ; efpecially as that Houfe muft be allowed to be 
fuperior to the other, both in Antiquity and Honour. 

All the Degrees of Nobility and Honour are derived 
from the King as the Fountain of Honour. The King's 
eldeft Son is born Duke of Cirnwa/l, afterwards he is 
created Prince of Wales-, and, to diftinguifh him, in the r 5 1 
Middle of the Arch of his Coronet a Ball and Crofs are 
A 3 placed, 

> 'The Parliamentary HISTORY 

placed, as in the Royal Diadem. The Title of Prince 
of Wales was originally granted by Edward I. after his 
Conqueft of that Principality, and all his Titles are, 
Prince ol Wales, Duke of Cornwall, and Earl of Cbe/ttr. 
The firft Duke we had in England was Edward the 
Black Prince, fo famous in our Hiftories for his heroic 
Actions, who was created a Duke in the i ith Year of 
King Edward III. 

Robert de Fere, Earl of Oxford, was created Marquis 
of Dublin in Ireland, in the 8th Year of King Richard II. 
and was the firft Marquis. 

Hugh Lupus was made hereditary Earl of Cbejler by 
William the Conqueror. 

"John Beaumont was created Lord Vifcount Beaumont 
by King Henry VI. in the i8th Year of his Reign, and 
was the firft Vifcount. And 

John Beaucbamp, of Holt, was the firft Baron created 
by Patent in England, made the i ith of Richard II. 

But, in the antient Records, the Word Baron inclu- 
ded all the Nobility of England', becaufe, regularly, all 
Noblemen were Barons, though they had higher Titles 
befides. The Chatter of King Edward I. which is an 
Expofition of what relates to Barons in Magna Charta, 
concludes, Tejlibus Arcbiepifcopis, Epifcopis, Baronibus, 
&c. So that the great Council of the Nobility, when 
they confifted, altogether, of Dukes, Marquefles, csV. 
befides Earls and Barons, were all comprehended under 
the Name De la Councfll de Baronage. 

But, after all, a Baron holding Land of the King, to 
him and his Heirs, per Servitium Baronia;, is no Lord of 
Parliament, untill he be called by the King's Writ to 
Parliament. In the Reign of Edward I- the Title of 
Baron, which was before common to all thofe that 
held Lands of the Crown, was confined to all thofe 
whom the King fummoned to Parliament. Thefe Ba- 
rons had then given them two Enfigns to remind them 
of their Duties ; firft a long Robe of Scarlet, in refpeft 
[ 7 ] whereof they are accounted in Law De magno Confilio 
Regis ; and, fecondly, are girt with a Sword, that they 
fhould ever be ready to defend their King and Country g . 
This alfo appears by Dugdale's Baronage, in which 
there are feveral Inftances of Lords being called to Par- 

g Coke's 3 Inft. p. 186. 


liament, where they and their Anceftors never fat be- 
fore, nor any of their Pofterity after them h . 

Proxies for the Bifhops and Barons in the Hotife of 
Peers are alfo very antient. The firft Mention of them, 
that occurs in our Parliamentary Memoirs, was at Car- 
lijle, under Edward I. * Alfo, in a Parliament held at 
lyejlminfter under Edward II. the Bifhops of Durham 
and Carlifle^ remaining upon the Defence of the Marches 
of Scotland^ were feverally commanded to flay there j 
and in the Writ a Claufe was inferted for that Purpofe k ^ 
The like Teftimonies occur pretty often in this King's 
Reign, of making Proxies by the Name of Procuratores 
Sufficiente^ and in fucceeding Times the Teftimonies 
of them down to this Day are very frequent. 

In relation to the more antient A6ts, Ordinances, 
Journals, &c. of the two Houfes of Parliament, much 
more might be faid than is confident with the Subftance 
of this Preamble to our Hiftory. Who will may read 
them admirably and concifely difcourfed on in Archbi- [ 8 ] 
{hop Nicbolfon's Englijh Hiftorical Library ; which Book, 
as it is almoft in every Collection, it is needlefs to tran- 
fcribe any Thing from it here. That Author has given 
us a general Detail of all our Parliamentary Proceedings 
from Magna Charta, through the printed Statutes, the 


Ii The Form of the King's Writ for fummoning a Peer to attend his 
Service in Parliament, is as follows : 

Edwardus, &c. CbarijjirKO Confanguineo fuo C. Comit. A, Salutem, Quiet 
di- ,id-v:jamento & affenfu Conjilii n'jjiri pro quibufdam arduis urgentibus nego- 
t:;;, A'0j, Ststum G* Difinfonem Rcgni nojlri Angliae & Ecdtjla; Anglicanaj 
(GKiernen? qitoddam Parhamentum noftrum apud Ci-vitatem noftram Weft- 
monaftetii, die, &c. prox. futvr" teneri ordina"vitnus, & ibid, vabifcutit 
ac cum Prtelath, Magnatibus & Proceribvt diEf Regni noftri colloquium ba.- 
li't e, trafiare, Vobii fub fide &f ligeaticiis quibui nobii tencntini firmiter 
it ningend 1 Mandamus, quod, confideraf difforum ncgotiarum arduitate & 
fericulit imminentibus, ceff'ante excufatione quacurque, dilf die & loco ptr- 
j'onaliter inter/ills Nvbifcum, ac cum Prxlatis Magnatibui & Proceribus pro:- 
d'.tlis fnfer diclii negotiis traElatur* vcftrumque conjilium impenfur* Et hoc 
Jic:it Nos & honcrcm noftrum ac Sal-vaticnem f Defenftontm Regni & Ec- 
chfite pradiflorum expcdiiionetnque diElorum negotiorum diligitis, nul/atenus 
etnittaiis. Teftc mcifj'o apud Weflmonafterium die, &c, 

i Quia (mines Prtelati, Militcs, et alii de Communitate Regni tur,c plenarlt 
tion vencrunt, reccptis quibufdam Procurationibus Pralatorum qui venire 
non pater ant, adjornar.tur omna qui fumnioniti funt ad Parliameatum, ujque 
a { En aft Mercurii proximum ftquentem, ad Horam primam. 

k Si.t 1'rocuratorcin iieftrum fujpcicnter injlruHum ad difJos Diem tt Lo* 
cum itiittalii, ad confetti itndum ei quid tur.c Ibidem per dittot Pralatot tt 
ftntigcrit ordinun t Seldcn'j Baronage of England, ?c, 81/0.- 
IjnJ, 1642, 

$ The Parliamentary HISTORY 

Polls of Parliament, Ordinances, Journals, with the 
Mcdus tenendi Pariiamenta ; the Antiquity and Rights 
of, both the Houfe of Lords and Commons, the difpen- 
fi ig Power of the King, and Writs of Summons ; 
wherein he fpecifito where all the Records relating to 
thefe Matters lie, at well as gives an Account of what 
the beft Authors have wrote on thefe often-difputed 
Subje&s, betwixt the Prerogative of the Crown and the 
Power of Parliaments. 

Let this Exordium, therefore, fuffice for the Origin, 
the Power, and Name of PARLIAMENT ; we {hall pro- 
ceed now to our HISTORY of them; in which we hope 
to be fo exat, that no material Circumftance,. mention- 
ed either by antient or modern Hiftorians, {hall efcape 
our Notice. And tho' thefe general Meetings of the 
King with his Bifhops and Barons, both before and foon 
after the Conqueft, were by no Means like our prefent 
Parliaments ; yet we judge it very confitlent with the 
Tenor of our Subject, to purfue our Account of them 
whenever fuch Evidences can be found that may be de- 
pended upon, but in as concife a Manner as poffible. 

King William I. T N the Reign of the three firft Norman Kings we 
Anno Re ni 6 * meet with little to our Purpofe. William I. indeed, 
nn 70 j gm ' at the Inftigation of the Pope, lummoned a. National 
At Winder. Synod to determine the Difpute betwixt the Sees of Can- 
terbury and York, about Supremacy. As this was in- 
tirely an Ecclefiaftical Controverfy, it does not appear 
that this Meeting, which was before the King and Hu- 
bert, the Pope's Legate, at Windfar, coniifted of more 
than the Prelates, Abbots, and other Ecclefiaftics of 
the Realm J . 


1 Sir Henry Spelman has made a Collection of the Laws before Magna 
Cbarta $ the MS, now in 'h? Bcdleyan Library, bears this Title, Codex 
Lcgum vetcrum et Statutorum Regni Angliae, qua: ab IngrcJJ'x Willielmi ufy t 
ad -innum r.onum Henrici tertii edita fur.t ; tec tft ante frimum Statututn 
cmnium imfrreflorum in Libris yuridicis. P. 1 r, iV<Wf%and Sir Roger liaifden 
fcav- alfo tie-j.ted on this Suhjedl. And, indeed, if the old Chronicle of 
iitchfi--ld. quoted by Mr. SelJen, was confirmed by any Contemporary 
Hiftoriam, there is Reafon enough to believe thefe Laws to be genuine. 
But, as it is not, we /hall oiily" give Blfhop Nicbilfons Qnotation from 
that ' h'rnicle, and leave it to the Reader's Judgment. Anno Gulielmus 
Regni fu: quarto afud Londonias, Confilin Baromim fuorum, fecit fummoniri 
fer f;V: >_/: r.glja? Comitatus omnet Nobiks, Sapiintes, et fua Lege eru- 
ditoi, ut eorum Leget et CoaJaetuJines aiediret, Et licet idtm Rex Gulielmus 


of E N G L A N D. 9 

In the Reign of Henry I. the Conqueror's youngeft K >"g Hemj U 
Son, Taxes were levied arbitrarily on the Subject, as in 
the two preceding Reigns of his Brother Rufus and his 
.Father. In his fixth Year he fet a Sum upon every Pa- 
rilh Church, and forced the Incumbent to pay the Mo- 
ney to redeem his Church. In the eighth Year of his 
Reign he had, for the Marriage of his Daughter Maud,, 
3 s. for every Hide of Land : And, fay Hiftorians, during 
his whole Reign he levied a conftant annual Tax of \id. 
on every Hide of Land. It does not appear, by any 
Account we can meet with, that the King afked the 
Confent of his Barons, or People, for raiting thefe Sub- 
fidies, tho' there were fome Conventions of the Eftates 
of the Realm called in his Time : For in the Year 1 106, Ann f e f % ni 6 ' 
fays Matthew Paris^ Henry convened his Nobles, by a 
Ipecial Edift, on a very extraordinary Occafion. His 
elder Brother Robert, whom he had difpoflefled of his 
Ri^ht of Succeflion to the Englljh Crown, came over 
from Normandy to make him a friendly Vifit. Henry y 
being jealous that this Vifit might turn to his Difadvan- 
tage, and being more afraid, fays our Author, of Man 
than God, cajoled his Nobles, by crafty Promifes, to 
be true to him; and next thought that he could make 
up the Matter with God by the building of an Abbey, 
which he was then about to execute. For this Reafon 
he called together the Great Men of the Realm by his 
Royal Mandate, fays Paris, to meet tt.London\ where r 
he firft foftened and fweetened them, feparately, by 
fmooth Words and Expreffions, and then, being met to- 
gether, he made a Speech to them as follows : Which 
Speech, as it is the firft that came from the Throne, 
only preferved by Matthew Paris , and taken Notice of 
by very few HHtorians, either antient or modern, that 
we have met with, juftly claims a Place in our Hiftory. 


t-egei Norfolkiae tt Suffolkise, Grantbrigiae et Deirse (uti quondam maxima 
Pan Danorum et Norwcgienfium inbabitalant) frius magis apprcba-verat, 
et eai per totum Rtgnum obfer-vari pr&ceperat, pro to quod omnts Antecejjores 
ejus, ft fere omnes Baronet Normanniae, Norwegienles rxtitffint, et quod 
tie Norwegia dim venij/ent ; poftea ad Precet COMMUNITATIS Anglonim, 
Rex adquimit\ qui diprccati funt quatentts permitttret fibi Leget preprias et 
Cor.fuetudines antiquas babere, in vxibus vixcrant Patres torum, et eit 
itati et nutriti funt, fcilicet Leget Sanfii Regit Edwardi ConfefToris, <)V. 

Sec allb Sir Roger 'J'tvifden's Preface to the Laws rf William I. and Hen- 
ri I. publifhed at the End of Lambjrd de prif^ii Anglorum L<;'a. 
Cantab. 1644. 

m Rega diio convscatit, M. Paris, ful> toe Anno* 


The Parliamentary HISTORY 

King Henry I, 
His Speech. 

Anno Regni'7. 

At London, 

My Friends and faithful Subjects, both Foreigners and 


tyO U all know very well that my Brother Robert was 
* loth called by God and eletted King of Jerufalem, 
which he might have hazily governed ; and how fhame- 
fully he refufed that Rule^ for which he jujlly deferves 
God's Anger and Reproof . You know alfo, in many other 
InJIances, his Pride and Brutality. Becaufs he is a Man 
that delights in War and Bloodjhed, he is impatient of 
Peace \ I know that he thinks you a Parcel of contemptible 
Fellows ; he calls you a Set of Drunkards and Gluttons^ 
whom he hopes to tread under his Feet. /, truly a King y 
meek) humble, and peaceable, will preferve and cherijh you 
in your antient Liberties, which 1 have formerly /worn to 
perform ; will hearken to your wife Counjels with Patience ; 
and will govern yoit, jujily, after the Example of the be ft 
of Princes. If you defere it, Iwilljlrengthen thisPromife 
with a written Charter ; and all thofe Laws which the 
Holy King Edward, by the Infpiration of God, fo wifely 
enacJed, I will again fwear to keep inviolably. If you^ 
my Brethren, will Jland by me faithfully, we Jhall eafily 
repulfe the ftrongefi Efforts the cruelle/l Enemy can make 
again/} me and thefe Kingdoms. If I am only fupported 
by the Valour and Power of the Englifh Nation, all the 
weak Threats of the Normans will no longer feem for- 
midable unto me. 

We have given, from the old Monk of St. Allan's 
Latin, the Verfion of this Speech as near as we could, 
though the obfolete Words he often makes ufe of are 
difficult enough to render. Matthew adds, That this 
Harangue of Henry to his Nobles had the defired Effect, 
though he afterwards broke all his fair Promifes to them ; 
Duke Robert went back much difgufted, whom his Bro- 
ther foon after followed, gained a Victory over him, 
took the Duke Prifoner, put out his Eyes, and con- 
demned him to perpetual Imprifonment. 

The Year after this, viz. 1 107, the fame King Henry 
call'd another Convention of all the Eftates of the Realm 
to fit in his Royal Palace at London. This Convention 
fome modern Hiftorians have honoured with the Name 
of Parliament^ and would prove that the Commons were 



a Part of it. We know not where they find Authority King Henry I. 
for fuch an Aflertion j the old Monkifh Writers ", who 
lived near this Time, call it no more than a Meeting 
of all the Biftiops, Abbots, and Nobles of the Kingdom, 
to whom Anjelm, Archbimop of Canterbury, was Pro- 

Indeed this Meeting might much rather be called a 
Convocation than a Parliament, fince nothing, that we 
can find, but Church- Matters, were tranfa&ed in it. In 
this Aflembly the prohibiting the Priefts the Ufe of their 
Wives and Concubines was confidered ; and the Bifliops 
and Clergy granted to the King the Correction of them 
for that Offence ; by which Means he raifed vaft Sums 
of Money, compounding with the Priefts, for certain 
annual Payments, to allow them the Enjoyment of their 
Wives and Concubines . 

In the Year 1116 there was another Convention of Anno Regnl 16, 
the Nobles and Barons fummoned by the King to meet Ill6t 
at Salif&ury P. At this Meeting the whole Nobilit 
did Homage to him and to Prince William, King Henry's 
eldcit Son, in the Prefence of the Father *. The Di- 
fpute betwixt the Archbifhops of Canterbury and York^ [ 12 
about Primacy, was alfo debated at this Convention, 
which was all the Bufmefs that we can find was done 
at it. 

This Meeting alfo fome of our more modern Hifto- 
rians r have called the Foundation of our High Court of 
Parliament. The Englijh Kings, fay they,"before this 
Time, ordered the Affairs of the Commonwealth by 
their Edicts, Officers, and Governors of every Country, 
and feldom had the Advice of the People, but only at 
the Beginning of their Government, or in the Time of 


n Eodem Anno fa&us eft Conventus Epifcoporum et Abbatum pariter et 
Magnatum I.ondoniis in Pa/atio Regis. M. Paris, fub hoc Anno. 

Con-vent us omnium Epifctporum, Abbatum, et Procerutn, Simeon Du- 
nelm. inter Decem Script. Hifl. Angl. 

Accept t enim Rex Pccuniam infinitam de Preftiyteris pro Juis Focariit 
redimendis. M. Paris. 

Focuria is rendered either a Houfe Concubine, or a Female Drudge, a 
Difhwalher, &c. 

P Conventio Oftiiaatum et Baronum totius Anglix. Simeon Dunelm. 
inter Decem Script. 

q Ubi t yJ}'u Regis, Comites et Barones, cum C/ero totius Kegni, fib! et 
Wiliielmo tiiio j'uo Homagium fccerunt. Cbroa. Johan, Bromptou inter 
Decem Script. 

* Hdlingjhtad, Speed, Stow, fife. 


King fcry I. War. We believe it will be hard to prove that this 
Meeting was any Model of our prefent Parliaments, there 
being no Similitude of them in any Shape whatever. 

Under this King the People of England began to re- 
cover again and grow wealthy, as the King did likewife : 
For it was in his Time that the Revenue, arifing from 
Crown Lands, was adjufted and fixed to a certain Rate, 
fo that it might be either paid in Money or Provifions. 
And this (hews that as the People in general began to 
grow rich ; fo the King, by attending his Affairs at home, 
as well as thofe abroad, grew rich too; infomuch that, 
at the Time of his Demife, he actually left in his 
Coffers the Sum of icc,ooo/. befides Plate and Jewels. 
A Sum that would amount to near ten Times the Value 
in our Times s . 

King Stephen. J n the turbulent Years of King Stephen's Reign, and 
during the bloody Contefts betwixt him and Maud the 
Emprefs, for the Crown of England, very little can be 
expected to our Purpofe. There were no regular Tax- 
ations at this Time ; but the contending Parties main- 
tained themfelves chiefly by the Plunder of each other's 
Tenants. Neverthelefs we meet with one Convention 
of the Eftates in this Reign, and that was in the very 
firft Year of it; for Stephen, anxious to have his Title 
confirm'd by their Authorities, fummon'd all the Biftiops 

At Oxford. an d Nobles of the Realm, by his Royal Edir, to meet 
at Oxford for that Purpofe . At this Meeting Stephen 
figned and gave a moft extenfive Charter, wherein the 
Rights and Immunities of Holy Church were largely and 
principally fecured to the Clergy of all Degrees and De- 
nominations. At the Tail of this Charter Stephen alfo 
promifes to puni(h or remove the High Sheriffs, or anv 
other of his Officers, that fhall ufe any unjuft or illegal 
Exadtions on the People ; and that he will well and 
truly keep all the good old Laws and Cuftoms in all 
Cafes whatfoever. The Barons and other Great Men, 
befides the Bifliops, who were Witncfles to this Char- 
ter, and confequently prefent at this Convention, weie 
[ 13 ] Roger the Chancellor, Henry the King's Nephew, Ro- 
bert Earl of Gloucester, William Earl Warren, Ralph 


s Campbell" s Lives of Admirals, &c. zd Edit. Vol. I. p. 127. 
1 Efifcofoi et Procerfs fui Regni, Regali Edifio, in unuw coKvenire prte* 
fefit, Ric, Prior Hagulft. inter Decem Script. 

of E N G L A N D. 13 

Earl otCbefter, Roger Earl of Warwick, Robert de Vere, King Stephen. 
Miles de Gloucefter, Robert D'Oily, Brian Son to the 
Earl Conjlable, William Martel, Hugh Eygot, Humphrey 
de Bohun, Simon de Bellocampo, Sewer, William de Al- 
bany, Martel de Albany, Butlers, Robert de Ferrers, 
William Peverel, Simon de Silvanefli, William de Alba- 
nia, Hugh de S. Clare, Ilbert de Lacy ; dated at Oxford 
in the Year of Chrift M.C.XXXVI. but the firft of his 
Reis;n. Richard, the Prior of : Hexham, from whom we 
now quote, and who has beft preferved the Annals and 
Acts of this King, has given us this Charter ; the Pre- 
amble to which, as it evidently fhews the Title by which 
Stephen claimed the Crown, may be acceptable to the 
Reader. It is as follows : 

T Stephen, by the Grace of God, theConfent of the Clergy 
* and People, being elected King over England, and con- 
fecrated by William Archbijbop of Canterbury, Legate of 
the Holy Roman Church, confirmed by Innocent, Pontiff" 
of the Jame See, for the Refpefit and Love I bear to God 9 
eh declare Holy Church to be free, and do confirm all due 
Reverence unto it, &c. 

In the Year 1 152, when Stephen had been abroad and Anno Regni 17, 
fettled his foreign Affairs, he thought proper, at his Re- II52< 
turn, to endeavour to fecure and eftablim the Crown of 
England upon himfelf and Family ; and to that Purpofe 
called a general Council to London; that is to fay, Theo- 
bald, the Archbifhop of Canterbury, the Bifhops, and 
Great Men of England". He propofed to them the 
Coronation of his Son EuJJace, that, fays our Author, he 
might deprive Duke Henry, Son to the Emprefs Maud^ 
of his Right of Succeflion; and particularly required the 
Archbifhop, to whofe antient Right it belonged to con- 
fecrate Kings, to perform that Office upon his Son. The 
Prelate boldly anfwer'd, That the Pope, by his Letters, 
had forbidden him to crown or anoint his Son, becaufe 
he himfelf, contrary to his Oath, had ufurp'd the King- 
dom. The King, his Son, and all that favoured them, [ 14 
were terribly angry at this Repulfe, and (hut up all the 
Bifhops with their Primate in one Houfe, that, by 
Threats and Terrors, they might extort that which, 


u drciltpifcopo, E/>ifioj>ii quc^ue, (t Proctrittts Anglije. Ckrcn* Gemi'. 
Cant, inter )ecuu Scupc. 

14 The Parliamentary HISTORY 

KiBg St<pken. a dds our Authority, neither by Price nor Prayer, they 
could prevail in. Some of the JBifhops were intimidated 
and began to ftagger, which the Primate perceiving, 
found Means to make his Efcape out of the Houfe, and, 
getting over the Thames in a Boat, fled to Dover, and 
fo beyond Sea. For his Refolution in this Affair, and 
Flight, the King feized upon and fpoiled all his Lands 
and Pofleflions c : But Stephen's Circumftances being 
then in no fuch Plight as to warrant thofe Proceedings, 
he was foon obliged to recall the Archbifhop, and make 
him Satisfaction for his Depredations. Stephen died foon 
after, and was fucceeded by 

KingH^ryll. Henry II. who began his Reign in the Year 1154. 
He was the Son of Maud the Emprefs, Daughter to 
Henry I. by Maud Daughter of Margaret Queen of 
Scotland. In this Prince the antient Royal Saxon Line 
was reftored to the Crown of England. 

Anno Regni z. This King fummoned a General AlTembly % or, as 
"5 6 * fome will have it, a Parliament, in the fecond Year of 

AtWallin ford ^ ls ^ e ' n to meet at WatKrigford\ wherein the Bifhops 
' and Barons fwore to the Succeflion of his Sons William 
and Henry, and the King confirmed the Charter of the 
Realm. But, 

Anno Regni 10. In the Year 1 164, the fame King Henry called toge- 
1164. tner a muc h greater Aflembly, and which comes the 
neareft a Parliament of any Thing we have yet met with. 
At Clarendon. This Convention of the Eftates was held at Clarendon^ 
and confined, as Paris writes, of the w Archbifhops, 
Bifhops, Abbots, Priors, Earls, Barons, and Nobles of 
the Realm ; over whom, by the King's Command, John 
de Oxford^ his Chaplain, was made Prefident. In this 
Aflembly the King carried it with a very high Hand 
againft the Prelates and Holy Church, fay the Monkifh 
Writers, and even forced Thomas a Becket, Archbifhop 
of Canterbury, with the reft of them prefent, to fwear to 
fixteen Articles drawn up for that Purpofe. Thefe Ar- 
ticles are at large in Mat. Paris, Gervafe of Canterbury, 


t Mat. Paris fays that fome of the Temporal Lords did fwear Allegiance 
to Euflace. 

u Ccn-ventus generalis Prtfjulum et Principum. C'jrsn. Gervaf. Cant. 
inter Decem Script. 

w Archiepifcopis, Epifcopis, Attatibvi, Pritrifas, Cunitibtis, Baronibus, 
Preceribus Regni, Mat, Paris. 

of E N G L A N D. 15 

and other old Writers, called The Gonjlitutions of Cla- KmgHjrj II. 
rendon, but have been fo often copied by the Moderns, 
that it is neecllefs to infert them here. Thomas travelled 
to Rome, and was abfolved from his Oath by the Pope; 
returned back to England^ and afterwards bred that Di- 
fturbance in the State which ended in his own Murder, 
and the King's fhameful Penance for having a Hand in 

There was alfo another Convention, or Aflembly, of AnnoRegni 17; 
the Bifhops and Barons, called to York in this King's " 7I * 
Reign, viz. Anno 1171 ; in which Malcholm King of At 
Scotland^ and his Succeflbr William, appeared and did 
Homage to Henry for that Kingdom. In this Meeting 
this Subjection is faid to be very particular ; William 
leaving his Breaft-Plate, Sword, and Saddle, which were 
to be kept in the Cathedral Church of York as a perpetual 
Memorial of it x . 

In the Year 1176 this King Henry at Northampton, Anno Regal 11* 
by and with the Advice and Confent of the King his 
Son, whom he had caufed to be crowned fome Time be- 
fore, the Bifhops, Earls, Barons, Knights, and others y , 
constituted and appointed Jufticiaries, in fix different 
Parts of the Realm, three in each Divifion ; who were 
fworn to execute Juftice impartially to every one. 

Thefe Juftices and their feveral Diftridts are particu- 
larly named by Roger Hoveden, but are not confident 
with our Defign to mention here. Sufficient it is to fay 
that the Affixes, Statutes, or Laws of this King Henry , 
made fome Time before at Clarendon, were again re- 
newed at this Convention, and the new-made Juftices 
were fworn to obferve them. 

Again, in the Year 1 186, another Convention of the Anno Rcgnl 32, 
Eftates was called to meet at Gayntington z , and by their ll86 - 
Confent he impofes the fame Tax upon his Subjects in AtGaynti*tov, 
England which he had juft then levied in Normandy, and 
the reft of his foreign Dominions. This was impofed 
in order to carry on a War, jointly with the King of 
France, againft the Turks and Saracens, for the Recovery r < i 
of the Holy Land : But the Undertaking failed in Em- 

x H. Knyghton inter Decem Script. 

y Co/am Efifrofit, Cemititus, tiarom'buf, Militibut tt aliis Homiaibus 
fuit. Rad. de Diceto inter Decem Script. 

R. Hweden. Daniel's lliftory of England. 
. i Since call'J GajScn, in A'trtbamftcnftirt, 

1 6 The Parliamentary HISTORY 

King Henry II. bryo ; and foon after, viz. the very next Year, King 
Henry II. died. 

Taxes feem to have been raifed in this King's Reign 
as arbitrarily as before ; in the Beginning of it there was 
a Scutage, but there is no Account what it amounted to. 
A fecond Scutage was made in the fifth Year of his 
Reign, amounting to 1 80,000 /. In his feventh Year a 
third Scutage was raifed at two Marks every Knight's 
Taxes in his Fee; in the 1 2th, is. in the Pound for the fir ft Year, 
Reign, and I d. a Pound for four Years after, of all Rents 

and Moveables ; in the I4th of his Reign, a fourth 
Scutage at a Mark a Knight's Fee; in the i8th, a fifth 
Scutage, uncertain what it was ; in the laft Year of this 
King's Reign, a Tenth on all Moveables for the Cru- 
fade a . 

King Richard I. Richard I. furnamed Cceur de Lion, was the third but 
. D . eldeit furvivins Son of Henry II. and began his Reign in 

Anno Kegm i. , .,, J 

Jl29 . the Year 1 1 89. 

In this King's Reign we meet with a Convention of 

the Eftates, in the very firft Year of it. At this Time 

the French King fent an Ambaffador to acquaint the 

King of England that he, and the whole Noblefle of 

France, had fworn to go and attempt the Refcue of the 

Holy Land from the Hands of the Saracens; and invited 

Richard and his Nobles to join with them in this Holy 

Undertaking. Upon this EmbafTy the King convenes 

the Bifhops, Earls, and Barons of the Realm, lays Paris, 

At Wejlminjler. to meet at Weftminfter b ; when, acquainting them with 

the French King's Invitation, it was readily agreed to 

accept of it by Richard and his Peers. The King and 

the Nobles, taking the fame Oath, fet out from England 

r- i fome Time after, to meet the French, and profecute this 

' -* Holy War with their joint Forces. 

The Profecution of this Holy War, the various Suc- 
cefs, and glorious Exploits of our brave Englijh King 


' Antiently there were computed to be in Erg'and 40,000 Knights' 
Fees in the Pofleflion of Spiritual and Temporal Verlbns j fome Writers 
fay 60,000 Knights' Fees. Stow quotes John Roufc, a very antient Ma- 
nufcript Hiftorian, who writes, That there were found, in the 151)1 Year 
of the Conqueror, 6o,a;i Knights' Fees in England. A Srutage, in After- 
reigns, was ufually 40 s. on each Fee, which muft amount to a vaft Sum 
ef Money in thofe Days. Stmv's Hijiory of England, p. 191. 

b At London, fays Bromptor.. 

Rtx congregatis Epifcopis, Comitibus, et Baronibus Rcgni Parli 
Londonise babuit, Cii /;. Johan. Brornpton inter Dcccm Script, 

^/ENGLAND. 17 

and his Forces, are copioufly treated on by M. Paris, King Ricbvd I. 
and the other Monkifh Writers of thole Times. It is 
neither our Defign to follow him into the Eaft, nor at- 
tend him in his long and dangerous Paflage back again. 
At his Return he found that his Brother John had been 
playing the Devil with him at home, whilft he had 
been fighting the Lord's Battles abroad. In fhort, he 
had, in Conjunction with the French King, who, upon 
a Quarrel in the Holy War, had become Richard's 
mortal Enemy, done his utmoft to difpofTefs his Brother 
of his Kingdom. And it coft King Richard, after his 
Return, fome Trouble and Bloodfhed to bring John 
and his Party to their due Obedience. 

Soon after, the King thought fit to call a Parliament Anno Regni 5, 
at Nottingham ; where it is faid by fome, that Queen "94 
Eleanor his Mother was prefent, and fat on his Right 
Hand. But Roger Hoveden, who is very particular in At 
his Account of this AfTembly, and what was done at it, 
writes, That the King fat in State, withHu&ert Walter* 
^Archbifhop of Canterbury, on his Right Hand ; and 
Geofry Plantagenet, Archbifhop of York, on his Left c .' 
The reft of the Bifbops and Peers that compofed this 
Meeting, and are mentioned, were Hugh Pudfey, Bifliop 
of Durham ; Hugh, Bifhop of Lincoln ; William Long- 
champ, Biftiop of Ely, the King's Chancellor ; William 
deVere, Bifhop of Hereford; Henry, Bifhop of Worcefter\ 
Henry Marejhal, Bifhop of Exeter ; and John, Biftiop < 
of Whitehaven ; David Earl of Huntington, Brother to 
the King of Scots, Hamelin Earl ok Warren, Ralph Blon- 
devile Earl ofChefter, William Earl of Ferrers, William 
Karl of Salijbury* and Roger Bigot Earl Mar/hall. On 
the firft Day of their Seffion, which was March agth, 
the King deprived Gerhard de Canvile of the PofTeffion 
of the Caftle of Lincoln, and his Office of Sheriff of that 
Shire ; Hugh Bardolph, of the Caftles of York and Scar- 
brough, the Cuftody of Wejlmoreland, with the Office of 
Sheriff" of Torkjhire, and expofcd them to Sale. The 
Archbifhop of York bought the Sheriff's Office for that [ 18 j| 
County for 3000 Marks, and an annual Rent of 100 
Marks d . On the fecond Day the King demanded 
Judgment againft his Brother John, for having, contrary 
to his Oath of Fealty, ufurped his Caftles, and entered 

VOL. I. B into 

c Rogeri Ilwtdtn Annales, p, 419. d 2l:<t, 

The Parliamentary HISTORY 

into a Confederacy with the King of France againft 
him ', as alfo againft Hugh de Navant, Bifhop of Coven- 
try^ for adhering to him and his other Enemies. It 
was determined that they Ihould both appear upon a 
Day fixed, to anfwer according to Law; which if they 
refufed to do, the Earl fliould be banifh'd, and theBifhop 
undergo fuch Penalty both from Clergy and Laity as his 
Crime deferred -. On the third Day the Parliament 
granted to the King two Shillings from every Plough- 
Land in England f : Befides he required a third Part of 
the Service of every Knight's Fee for his Attendance in 
Normandy, and all the Wool that Year of the Cijlercian 
Monks, which being judged too hard, he compounded 
with them for a Fine. The fourth and laft Day was 
fpent in hearing and determining of Grievances and Ac- 
cufations ; and fo this Afiembly broke up after coming 
to a Refolution, That to nullify the Act of Submifiion 
which Richard had been obliged to perform to the Em- 
peror, he fliould be crowned again j which accordingly 
was performed the Rafter following at Wincbefter. 

The moft of this King's fhort Reign was fpent in this 
Crufade, as well as great Part of the Nation's Money. 
In the firft Year of it a Scutage of twenty Shillings was 
laid on every Knight's Fee. In the fecond, for the 
Armament to carry on the Holy War, two Saddle 
Horfes and twoSumpterHorfes were taken of every City; 
C "9 J o f every Abby one Saddle Horfe and one Sumpter Horfe ; 
and of every Manor of the King's the fame as the Ab- 
bies. For his Ranfom, when Prifoner to the Emperor, 
of every Knight's Fee twenty Shillings ; a fourth Part 
of the Rents of the Laity ; a fourth Part of the Rents 
of fome Clerks r and a tenth of others ; all the Gold and 
Silver the Churches had ; and all the Wool of that Year 
the Cijler clans had, as well as the Monks of the Order 
of Sempringhani) who never were taxed before s . The 


c John not appearing within the Time limited, the King caufed Sen- 
tence to be pronounced againft him, confifcating all his Lands, and decla- 
ring him incapable to fticceed to the Ciovvn. T'ne Bi/hop, two Years alter, 
was reftored to the King's Favour and his Biflioprick for 2000 Maiks. . 
Daniel's Hiftory of England. 

f A Tax antiently called Temantale. R. Hoveden. See Temantah in 
Jacob's Law Dictionary. 

g Nulla denique Ecd'efia, millm Or Jo, rtillui Gradus <vel Sexus, eft pr<x- 
ttrnti/uSf / wn (opretur ad Likercrtitnem Regis, M, Paris. 


Sum the Emperor demanded for King Richard's Ran- King Rictgrd I. 
fom was 150,000 Marks of Silver h . For Liberty of 
Tournament, every Earl gave 20 Marks, every Baron 
10 Marks, eve^-y landed Knight 4 Marks, and every 
Knight of Fortune 2 Marks. In the Years 1185 and 
1196 were raifed the Sum of 1,100,000 Marks, but 
not faid how ; alfo an Aid of five Shillings of every 
Plough -Land. Great Sums were alfo raifed by Seizures, 
Fines, and Compofitions, and Sale of the Demefne 
Lands. In fine, fo much Money went out of the King- 
dom on this expenfive Crujade, and for the King's 
Ranfom, that fcarce a genuine Coin of this King's 
Stamp is to be met with in the Collections of the Cu- 

To Richard fucceeded John his Brother, the youngeft King John. 
Son to Henry II. whofe Reign, though it proved very 
unhappy and troublefome to himfelf, yet it chanced to 
be of infinite Service to his Subjects and all their Po- 

In the Year 1200, the firftofhis Reign, he called to- Anno Regni i 
gether theEftates of the Realm to meet at Lincoln; where ISO * 
alfo, fay our Hiftorians, he had fummoned William AtLm-o/a, 
King of Scotland to appear and do Homage to him for 
that Kingdom. The Scots King came, and the Cere- 
mony was performed on a Hill near Lincoln, in the 
Prefence of all the Noblemen of both Kingdoms, and 
all the People 1 . This Convention is alfo called a Par- r 2 o 1 
liament by fome old Writers k , tho' for what Reafon 
we are not able to learn, for there were no Laws of any 
B 2 Kind 

* One hundred and fifty thoufand Marks, ad Pondut Colonise Monetee 
publice probata. Rod. de Diceto, inter Decem Script. 

One hundred thoufand of which Marks was all which could then be 
raifed, and at once paid down, amounting to upwards of 194,0007. of 
our prefent Money, as Mr. Folket has (hewn in his Table of Silver Coins, 
p. 142 and 1 66. 

In this King's Reign Hubtrt, Archbifliop of Canterbury, gave this as a 
Reafon for his withdrawing from the Adminiftration, That there had been 
levied on the Subjects, in the Years 1195 and 1196, the Sum of 
ijioo,iooo /. which, according to Dr. Dawnant, an ingenious and ju- 
dicious Writer, was equal to Eleven Millions in our Times. Campbell'* 
Lives of Englifi Admirals, vol. I. p. 196, ad Edit. 

1 Coram Optimatiius utriuj'que Rcgni et cmni 1'opulo. Knyghton, inter 
Dsccm Script. 

k Rex Johannes in Anglism ex Normania reverfvt, Parliamentum fuux 
nfjue Lincolmam ctnvtcavtrat t Cbrsn, J. Brompton inter Decem Script, 

20 *Tbe Parliament ay HISTORY 

King John. Kind enafted at it. But, in the Year 1204, and the 

. fifth of his Reign, we find a Meeting of the Nobles 

nn i*o4! m 5 ' called, much liker a Parliament than the laft ' ; they 

A met at x f or d on tne f econ d of January, but by what 

t Oxford. iffnt they were fummoned is not fpecified. Here was 

granted to the King two Marks and a Half of every 

Knight's Fee ; nor did the Bifhops or Abbots, or other 

of the Clergy, depart without a Promife of the fame. 

Anno Regni 14. The Storm betwixt this King and his Barons begin- 
XZI3 ' ning to grow high, Stephen Langton, Archbifhcp of 

At London* Canterbury, interpofed, and with much ado prevailed 
upon John to call a Parliament, or Convention of Eftates, 
which met at London in St. Paul's Cathedral on the 
25th of Auguft in This Year. Here the Archbifhop pro- 
duced a Charter of King Henry I. which he faid he had 
found by Chance, and by which he granted to his People 
their antient Liberties, which had been violated by the 
unjuft Exactions of his Predeceffbrs, fuch as were ac- 
cording to the Laws of King Edward, and with thofe 
Amendments which his Father, by the Counfel of his 
Barons, did ratify. This Charter, which is ftill extant 
in M. Paris, being read amongft the Barons, they were 
much rejoiced at it ; and fwore in the Prefence of the 
Archbilhop, that for thefe Liberties they would, if Need 
required, fpend their Blood ; and making an Agreement 
with the Prelate to that End, they broke up without 
any Anfwer from the King. 

KtagKtt Cbarta. Now we come to the Time when Magna Charta, or 
the Great Charter of our Liberties, was granted, or rather 
forced from this King by his Barons. This being the 
Fundamental Part of our Engiijh Laws, {rands in the 
Front of all our printed Statutes, and is the great Bul- 
wark betwixt the Power of the Crown and the Liberties 
of the Subject: For having been frequently renewed and 
t 2I ] confirmed by feveral Ats of Parliament, it is, by the 
ableft Lawyers, called U EJlatute de Magna Gharta, 
Charta Libcrtatum Regni, Communis Libertas, and 
Chartre de Francbifes. The Reafon of its being called 
Magna, fays one m great Man of the Law, is becaufe of 


1 Rex & Magnates Angliae convir.erunt, cpud Oxoniam ad Colloquium^ 

M, Paris. 
Code's Jnflitutes, Lib, ii. Cap. 3. A poor Ginglc, 


the great Weightinefs and weighty Greatnefs of the Kin J ot >"' 
Matter contained in it. B . , 

This Charter was firft granted in Form by King John, ***! * 
in the fixreenth Year of his Reign, after a long Series of 
Civil War between him and his Barons, of which our 
Chronicles give a melancholy and terrible Defcription. 
The King being at faft hard put to it by the Barons, de- 
ferted almoft by every one, and having, as M. Paris 
writes, only feven Lords about his Perfon, thought it high 
Time to footh his other angry Nobles, and therefore fent 
William Marefchal, Earl of Pembroke, with fome others, 
to the Lords, then at London, to tell them that he would 
grant the Laws and Liberties they defired. The Am- 
balTador and his MeiTage were received with great Joy 
by the Barons, who appointed a Time and Place, accord- 
ing to the King's Defire, for the Meeting. 

This great AfTembly of the King and the Barons was 
in a Place betwixt Wind/or and Status, called Runing- At *'* 
mede n , which is interpreted, fays Mat. Wejlminfter, 
the Meadow of Council; becaufe, adds he, in antient 
Times the Peace of the Kingdom had been frequently 
treated on in that Place. On the I5th of June, 1215, 
the King and Nobles met in this Meadow; on the 
King's Side appeared with him the Archbifhops of Can- 
terbury and Dublin^ the Biihops of London, Winchejler, 
Lincoln, Bath, Worcefter, Coventry, and Rochejler-, Pan- 
dulph, the Pope's Agent, and Mafter of the Order of 
Templars in England: Of Noblemen, William Mare- 
fcbal Earl of Pembroke, the Earls of Salt/bury, Warren, 
and Arundel; Alan de Galewey, William Fitzgerald, 
Peter Fitzherbert, Thomas BaJ/'et, Matthew Fitzherbert, 
Alan Baffet, Hugh de Nevile, Hubert de Burg, Robert 
de Roppelay, John Marefchall, and Philip de Albiney. 
On the Part of the Barons, fays Paris, appeared fuch a [ 22 ] 
Number, that it feem'd as if all the Nobility of England 
were collected into one Body. At length, adds our 
Author, after they had treated on various Subjects, the 
King, knowing full well that his Strength was much 
inferior to that of the Barons, without the leaft feeming 
Reluctance, agreed to fcveral Articles, and confirmed 
them by his Charter. 

B 3 Next 

n Mat. Wffimlnfltr calls it Runnemcd ; and M. Paris, RunlngemunJ. 
This Meeting was property neither a Convention nor a Parliament, fines 
not cali'd by the King. 

22 The Parliamentary HISTORY 

Next follows the Charter at Length in M. Paris, as 
a de Foreff a we ^ as t ^ le ^harta ^ e Forefta, granted at the fame Time; 
"which Foreft-Laws and Customs, as they could not be 
inferted in the fame Schedule with the former, by reafon 
of their Length, fays Paris, made a different Inftrument, 
and was witnefled accordingly. Both thefe Charters 
haVe been fo often printed and puhlifhed in various Au- 
thors and Forms, that it is unneceflary here to fay any 
more about them ; particularly they have lately had great 
Juftice done to them in a pompous Work published by 
William Black/lone, Efq; Vinerian Profellbr of the Laws 
of England, at Oxford n . This Gentlemen has traced 
thefe Charters, very learnedly and painfully, from the 
original granting of them, through the feveral Attempts 
of our Kings to caffate or infringe them, to their final 
Confirmation and Eftablifhment. A Work which re- 
flects great Honour upon the Author, and worthy of the 
Attention of every EngUJhman that would underftand the 
Laws and Liberties of his Country. 

That our Readers may the better underftand to whofe 
Memories they are indebted for great Part of their pre- 
fent Liberties, it will not be amifs to give the Names of 
twenty -five Lords who were chofen by the reft, and 
fworn to fee that this Royal Charter was confirmed by 
the Pope's Bull for the greater Security of it. The 
Titles and Names were as follow: The Earls of Clare, 
Albemarlc, Glouceftcr, Winch e ft er, and Hereford; Roger 
Bigot of Norfolk , Robert de Fere of Oxford, Earl Mare- 
fchal, jun. Robert Fitzwalter, fen. Gilbert de Clare, Eu- 
Jlace de Vefcy, Huge Bigot, William de Mulbray, William 
de Huntingfilue, Richard de Mountfitchet, William de Al- 
lineto, the Mayor of London, Gilbert Delaval, Robert de 
Ros* the Conftable of Cbefier, Richard de Percy, "John 
Fitzrckertf William Malut^ Gee fry de Say, and Roger 
de Mulbray. To th. Tc Lords were alfo fvvorn > as Co- 
adjutors and fubfervient to them, the Earls of Arundale 
and W-jrren, Henry D'OHy, Hubert de Burg, Matthew 
Fitzherberi. Robert de Pinkeni, Roger Huf carle, Robert 
de Newbury, Henry de Ponte Audomarli, Radulpb de la 
Haic, Henry de Brentfeld, Garim Fitzgerald, Thomas 
KaJJet, William de Rokclant, William de Saintjohan, Alan 
Bajfet, Richard de Rtpanis, Hugo Beneval, Jordan de 

n Oxford, at the Clarendon Prefs. M.DCC.LIX, 


SautvtH, Rod. Mujkard^ Richard Sibfleuvajl, Robert ^King>fr. 
Ropelay^ Andrew de Beaucamp, Walter de Dune/table^ 
Walter Folioth^ John Faukes^ John Marefcball^ Plrilip de 
Albenl^ William de Parco, Radulph de Normanvile^ Wil- 
liam de Perci., William rfgailun^ Engerus de Prateft^ Wil- 
liam de Cirent^ Roger de Zuche> Roger ]?itzharnard t and 
Gcofry de Cracttmbe. Thefe all fwore, fays Paris, to obey 
the Commands of the aforefaid twenty-five Barons; and 
all thefe together make up the Lift of the principal Per- 
fons that compofed this Grand Afiembly. The King, 
however, was not over willing to ftick to thefe Charters 
of Liberties, but had many Struggles with his Barons 
afterwards, in order to difannul them. He died the 
Year following, and left his Kingdom, deeply involved 
in this Civil War, to his eldeft Son Henry . 

Henry III. began his Reign in the Year 1216, being King Henry III; 
then only Nine Years of Age. At a very dangerous 
and troublefome Period did this young King come to 
the Crown ; the Kingdom full of interline Broils, and 
a foreign Enemy, headed by Lewis the French King's 
Son, in the Heart of it. But the Barons, foon after, 
finding it their own Interefl to unite, did fo, and drove 
Lewis out of the Kingdom ; and all Things went on, 
in an amicable Manner during the King's Minority. 

There are fome Inftances of Parliaments, or Con- 
ventions of the Barons, &c. being called in the Mino- 
rity of this King, in Dr. Black/tone's Introduction to 
Magna Charta, before-mentioned ; particularly one in 
the Year 1217, A. R. II. ttLondon^ which, the Doctor 
fays, has efcaped the Notice of all our antient Hiftorians, 
as, doubtlefs, he adds, many others have done. At this 
Meeting the King's Minifters, in the Name of their 
young Mafter, thought fit to ratify and confirm the two 
Charters granted by his Father p . But we have no ab- 
folute Certainty of any more till in the Year 1223, a AnnoRegni8 ' 
Meeting of the Barons, or a Parliament, was fummoned 
to London ; where the King met them, 'January I3th, At London, 
the fame Year q . At this Conference the Archbimop 


There were ievernl Scutages in this King's Reign, but as they were 
arbitrarily and varioufly coileted, they do not defcrve Notice ; who will 
may Ice them in a modern Hiftoiian. See Cards llijlory tf EnglauJ, 
Vol. J. p. 844. 

P Sec BletK/fone'i Mag. C/.-jr. Introd. p. xxxix. and Note ft} p./tq- \l>. 

c > ;x &d Ly;^v)iii^i vfr.tens fjm Uarnnibut ad Colloquium. M. Paris. 

24 The Parliamentary HISTORY 

King Henry ill. o f Canterbury, Stephen Langton, and other great Men, 
requeued the King that he would confirm the Liberties 
and free Cuftoms for which a War was made with his 
Father ; urging, moreover, That when Lewis left Eng- 
land, both the King and a!l the Nobility had (worn to 
obferve, and caufe to be obferved, thofe Liberties ; and 
therefore he could not refufe to do it. Upon which 
William Briwerc, one of the King's Council, replied, 

* That the Liberties they defired were violently extort- 
ed, and therefore ought not to be obferved.' The Arch- 

r 2 ] bifhop of Canterbury in a Pafiion reproved him, and 
faid, ' That, if he loved the King, he would not hinder 
the Peace of the Kingdom.' The King, feeing the 
Prelate much moved on the Occafion, allured them, 

* That he had bound himfelf by an Oath to preferve 
their Liberties, and what was fworn he would obferve.' 
And having called a Council he forthwith fent his Let- 
ters to all the Sheriffs in the Kingdom, to make Inquiry 
by the Oaths of twelve Knights or legal Men, in every 
County, what were the Liberties of England in the 
Time- of King Henry his Grandfather, and to make a 
Return of them to London fifteen Days after Eajhr. 

Anno Regni 9. The next Year, 1 224, the King met the Archbifhops, 
1224. Bifhops, Earls, Barons, and many others r , fummoned 

At Northampton, to appear at Northampton^ to treat about the Affairs of 
the Kingdom. The King being willing, fays Paris, to 
take the Advice of his Great Men % concerning his fo- 
reign Dominions, which the King of France had then 
in his PolTeflion. But their Negotiations were inter- 
rupted by a fmall Rebellion, which at that Time broke 
out very near them. One Falcafius, or Fauke de Brent, 
had feized upon Braibrooke^ one of the King's itinerant 
Juftices, for fetting a Fine upon him for committing 
much Spoil and Rapine in the Country, and had impri- 
foned him in his Caftle at Bedford. The King and his 
Great Council being much fcandalized at fuch a bold 
Proceeding, ordered the Caftle to be befieged ; which 
it was, and taken, and 24 of the Garrifon hang'd up on 
the Walls of it. The Rebel himfelf found Means to 
fly into Wales ; but, by the Interceffion of a Bifhop, he 
was introduced to the King, fell down at his Feet and 


r Convenerunt ad Colloquium apud Northampton, Rex cum Ar 
Epifcopii Comitibus, Baronibus, cum tnultis aliis, M. Faris t 

* * Uti Confilio Magnatum. Ibid. 

of E N G L A N D. 25 

implored his Mercy, urging his former Services for his Kin IIenr y UI 
Pardon. The King, by the Advice of his Council, ha- 
ving firft taken from him his Caftles, Lands, and Goods, 
committed him to the Cuftody of the Bifhop of London 
till further Orders. After this the Aflembly granted to 
the King, for his great Trouble and Expences, 2 s. of 
every Plough-Land ; and the King, in return, granted 
the Barons two Marks Sterling of every Knight's Fee, [ 25 ] 
to be levied on their Tenants. 

King Henry kept his Chrijlmas at Weftminfter in the Anno Regni w. 
Year 1225, where it appears that the Barons, &c. were I2ZS * 
fummoned. Here it was that, in a very full Aflembly 
of both Clergy and Laity, Hugo de Burgh, the King's 
Judiciary, in the Prefence of them all, declared ' The 
4 Damages and Injuries the King fuftained in his Domi- 
c nions beyond Sea j wherein not only the King, but 
' alfo feveral Earls were thrown out of their Pofieffions. 
' That, feeing many were concerned, the Afliftance 
' ought to be proportionable; he therefore requir'd their 
4 Counfel and Aid, that the Royalties ot the Crown, and 
' their antient Rights, might be recovered ; for the re- 
' trieving of which, he thought, the fifteenth Part of alj 
' Moveables, both of Ecclefiaftics and Laics, would be 
fufficient.' This being moved by the Chief Juftice, 
the Peers, after fome Deliberation, returned this Anfwer 
to the King : ' That they would readily fatisfy his De- 

* mands, if he would grant to them their long-defired 

* Liberties.' To this the King confcnted, and Char- 
ters were forthwith writ, and fealed with the King's Seal, 
and one directed to every County in England. To the 
Counties alfo, where there were Forefts, two Charters 
were directed; one concerning their common Liberties, 
and the others the Liberties of the Foreft. The Tenor 
of thefe Charters are the very fame with thofe of King 
John, A Month after Eajler, a Day was fet to chufe 
twelve Knights and legal Men ", who, upon Oath, 
fhould diftinguifli the new Forefts from the old ones ; 
and whatever Forefts were found to be made after theCo- 
ronation of Henry II. were forthwith to be difafforefted. 

The Council being ended, Charters were carried to 
every County ; and, by the King's Command, every 


t Coram drcbiepifcopis, Efifcop's, Comitiius, Baronikut, et aliis Um- 
verfts. M. Paris. 

u Duodeum Militet et Homines Le^alet, Ibid* 

26 he Parliamentary HISTORY 

King Henry III. one fworn to obferve them. The Way and Manner of 
Jevying this Fifteenth was dire&ed by the King ; and 
L 2 J becaule it is very particular to know how Fifteenths were 
raifed in thofe Days, Dr. Brady has printed the Record 
of it in his Appendix w . In this Parliament alfo the .Ba- 
rons granted the King the Wards and Marriages of their 
Heirs, which proved, what it was then called by thofe 
who had a View into the Confequences of Things, Ini- 
tium Mall. 

The fame Year, in the Month of March, another 
AfTembly of the Great Men was called ; but nothing 
more was done at it than the Trial of Falcafius de Brent, 
the Rebel aforefaid; when the King, with the Confent 
and Advice of the Cobles, condemned him to perpetual 
Banifhment. This Man, fays Paris, at his going on 
Shipboard to his Exile, with Tears in his Eyes, bid the 
Meflengers that conducted him tell the King, * That 
' whatever he had done was by the Instigation of the 

* EngUjb Barons x .' 

Thus far Matters went very even betwixt this King 
and his Barons ; but now Henry, being arrived at Man- 
hood, wanted to knock off the Shackles which were im- 
pofed, as he thought, on the Royal Prerogative, by the 
granting of the Great Charter, &c. notwithstanding he 
had, at his Coronation, fworn to keep them inviolably, 
and had publickly confirmed this Oath at feveral Times 

AnnoRegniu. To this Purpofe, in the Year 1226, at an Aflembly 

izz6. of the Peers, called to meet together at Oxford, the King 

At Oxford. to M them, * That fince he was now arrived at a lawful 

* Age, for the future he would be releafed from the Go- 

* vernment of others, and take the Reins of it into his 

* own Hands.' He then, by hhs Authority, cancelled 
' Magnu Charta and Charta de Fcre/ia; giving this Rea- 
fon, ' That thofe Charters of Liberties were made and 

* figned when he was not his own Mafter, but under the 
' Government of others, and confequently could not be 
' valid, becaufe he was not bound to keep what he was 
forced to promife ?.' This Declaration, fays Paris, 
made very great Murmuring in the Ailembly ; and all 


w See theAppendix to Dr. Brady 's Cwpleat IlijJsry. from Pat. 9 H. III. 
M. 7. Dorjo. 

x Inftinclu Majirum Regnl Anelias fecifft. M.Paris. 

y C>m net fui Corforis aut Sig-iiii aliquati Patcjiaicin iabutrit. Ibid. 

of EN GL AN D, 27 

afcribed this Ad of the King's to the Advice of his Prime KIn B Ktnr 3 ni 

Minifter, Hubert de Burgh, at that Time Chief Juftice 

of England \ who, adds our Authority, was grown fo 

much in the young King's Favour , that no Advice but his 

own was the leatt regarded. At the fame Time, it was 

told the Churchmen, * That the King intended to 

maintain their Liberties, provided they would all take 

out new Charters, efteeming the old ones as no ways 

valid. And, as a more mortal Wound to the Clergy, 

a Fine was laid, not according to their Abilities, but 

what the Prime Minifter demanded, that they were 

obliged to pay. 

In the Year 1232, the King kept his Cbriftmas at Anno Regni i6 
Winchefter, and upon the yth of March following he I2r 3 z * 
met the Nobles, as well Prelates as Laics, at Wtftmin- A.tWeftminfter 
Jler z : To whom he declared, ' That his late Expedi- 
tion abroad had involved him in very great Debt, by 
which he was now abfolutely obliged to require a gene- 
ral Aid.' To this Demand Ranulpb, Earl of Cbejler* 
replied, in the Name of the Noblemen, ' That the 
Earls, Barons, and Knights who held of the King, In 
Capite, had perfonally fejved him, and had been at great 
Expence to no Purpofe ; whereby they were reduced to 
Poverty ; and therefore, of Right, they owed no Aid to 
the King at that Time.' Then the Lay Lords, aflcing 
Leave, departed. The Prelates, &c, anfwered for their 
Parts, * That many Bifliops and Abbots, who were 
iummoned, were not yet come up ; and therefore de- 
iired that it might be deferred, and a Day appointed for 
all to meet together, and confult what ought to be done 
in that Bufinefs.' The King agreed to this, and the 
Meeting was fixed to be fifteen Days after Rafter. 

Some Time after this a great Storm was raifed againfl 
Hubert de Eurgh^ the King's Prime Minifter, and Chief 
Juftice of England : He was accufed of feveral very high 
Crimes and Mifdemeanors, recounted at large by M. 
Paris : That he had been guilty of feveral treafonable 
Praclices, and given treacherous Advice to the King ; 
much to the Prejudice of both him and the Kingdom : That 
he had procured William Longefpee Earl of Sal(fbury, * * 
William Martfchal Earl of Pembroke^ Falcafms de Brent , 


z Convener-ant ad Colloquium apud Weftmonafterium, ad Focaliontm Rt- 
gi:, Miignatct Anglitc, ram Pratt Jti quern Laid, M, Paris, 

28 The Parliamentary HISTORY 

King Henry III, anc ] Richard IVetberJbed Archbifhop of Canterbury, to 
be poifoned : That he had gained the King's Affections 
by Sorcery and Witchcraft. He was accufed alfo of 
Injuftice, Extortion, and Rapine. All which extraor- 
dinary Crimes were urged fo home againft the Favourite, 
before the King, that he caufed it to be publickly pro- 
claimed in London, that whoever had any Complaint 
againft Hubert fhould come before him, and Juftice 
fhould be done to the Offended. 

Anno Regni 16. On the I4th of September^ the fame Year, 1232, the 
1*3*. JG n g fummoned the Bifliops and other Prelates of the 
Church, with the Nobility of the Kingdom a to meet 
At Lambeth. at ^ am betb ; by whom the fortieth Part of all Moveables, 
belonging to all Bifhops, Abbots, Priors, Clerks, and 
Laymen, was granted to the King, for the Payment of 
the Debt which he owed to the Earl of Britain. At 
this Convention alfo Hubert de Burgh was required to 
give in his Anfwer to the feveral Articles preferred 
againft him ; as it had been ftipulated by the King. 
But Hubert^ fays Paris, fearing that the King would 
put him to fome fliameful Death, thought fit to abfcond 
and fhut himfelf up in a Sanctuary amongft the Canons 
at Merton b ; waiting for a Time to give in his Anfwer 
when the King was in a better Humour. Henry, in a 
great Rage at this, fent to the Mayo.rof London to force 
Hubert from his Sanctuary, and bring him before him 
dead or alive. The Londoners, glad of this Opportunity 
to be revenged of Hubert, for hanging a favourite Citi- 
s&en of theirs, rung the Alarm Bell, and, inftantly, near 
20,000 of the meaner Sort were collected together, to 
whom the Mayor read the King's Letter, and defired 
them to be all ready in the Morning to perform the 
King's Commands. But fome of the graver Sort of 
Citizens, and richer we fuppofe, dreading the ill Con- 
fequence of raifing fuch a tumultuary Mob, went to 
the Biftiop of Winch >efter's Houie at Soutbtvark, and de- 
[ 29 ] fired his Advice, who told them plainly that whatever 
came of it they muft execute the King's Precept. Struck 
with this ftrange Epifcopal Advice, fays Matthew, they 
retired ; and accordingly next Adorning the fame Num- 

a Epifcopi et alii Ecclcjtarum Preelati, cum Proceribus Rerni. M. Paris. 
b Merton in Surrey, an Abby founded by Henry 1. for Canons cf St. 
jSuflin, dnno uzi. Man* Ang. torn, II. f. 135, 

^/ENGLAND. 29 

ber of Citizens, or more, appeared in Arms, and, with King Henry ill, 
Colours flying, march'd towards the Sanctuary. Hubert^ 
when he heard of this, gave himfclf up for loft, and 
throwing himfelf on his Knees before the High Altar of 
the Church, recommended both his Soul and Body to 
God. But Ranulph Earl of Cbejler had hinted to the 
King, that if fuch tumultuous Proceedings were counte- 
nanced, a Sedition might be raifed that would not be 
eahly appeafed ; adding, that it would be a great Re- 
proach to the King abroad, when it was heard that he 
thus treated thofe who had been his Favourites. The 
King was ftagger'd at this, and immediately difpatched 
two Meflengers with Letters to the Mayor to revoke his 
former Precept. The Citizens were amazed at thefe 
counter Orders ; but, however, notwithftanding they 
miffed of their Prey, they all went quietly back to their 
own Homes. 

Thefe Things happened whilft the aforefaid Conven- 
tion of the Nobles was fitting at Lambeth, in order to 
have Hubert brought before them, which makes us fo 
particular in the Recital. 

Hubert, however, efcaped the Fury of his Enemies 
for that Time ; and having foon after delivered up all 
his immenfe Riches to the King, it fo foften'd Henry's 
Heart, that if he did not wholly forgive him, yet he 
granted him all his Lands again ; and Hubert only re- 
mained a State Prifoner in the Caftle of Devizes for 
fome Time. 

In the Place of Hubert de "Burgh, Earl of Kent, Henry 
foon got a new Favourite, but ten Times more obnoxi- 
ous to the Barons than the former. This was Peter de 
Rupibus, Bifhop of Wmckejler; who, with Peter de Ri- 
va/ly his Kinfman, now governed the King and all the 
public Affairs of the Kingdom. Thefe Men, being Fo- 
reigners, invited over into England feveral Poiflevins and 
Bretons, to the Number of 2000 Knights and Servants, 
who were placed as Garrifons in feveral Caftlcs; and to 
thefe the eafy King committed the Wardfhips of the 
Nobility; which afterwards much degenerated, by being [ 30 ^ 
ignobly matched to thefe Foreigners. And when any 
Englijhman complain'd of their Burdens and Oppreffions 
to the King, they were hindered from any Redrefs by 
the powerful Influence of the Bifhop of Winde/ler. 


30 The Parliamentary HISTORY 

King May in. By t hefe Means the Flame, that burnt fo fiercely In 
his Father's Time, was again lighted up in the King- 

Anno Regni ly-Jom . jT or fj enry having fent out his Letters, fays Paris, 
to call the Barons together to a Council, to be held on 
At Oxford, the Feaft of St. John, in the Year 1233, at Oxford, the 
Barons abfolutely refufed to obey the King'b Command j 
"by reafon, adds our Author, that they feared the Treach- 
ery of the Foreigners, who then fwarmed at Court ; 
and becaufe they had conceived a juft Indignation againfl 
the King, for preferring the Polftevins to his own natu- 
ral Subjects. This Refufal they had delivered to the 
King in a very folemn Manner ; who, being much ex- 
afperated at the Barons for this Affront offered to his 
Authority, took Advice of his Lawyers how he fhould 
compel them to obey. The King was advifed to fummon 
them a fecond and a third Time, to try whether they 
would appear or not. But one of the Council being fo 
bold as to tell him that it would be to no Purpofe, nor 
would the Barons ever obey his Mandate, or he enjoy 
any Peace, unlefs he would remove Pf/^r Bifhop of Win- 
chejler^ and Peter de Rivall his Nephew, (or his Son, 
rather, fays Paris with a Sneer) from his Counfels, the 

And at Weflmin- King fent again to his Barons, to fummon them to meet 

/. at IVeflminjier on the 10th of July following, and there, 

by their Advice, he promifed to amend whatfoever was 
amifs, or by Right ought to be amended. But when the 
Barons had heard that the King only fought to enfnare 
them ; that he had actually got over from abroad a Set 
of Banditti, or Robbers, with Arms and Horfes for 
that Purpofe ; they could fee no Signs of Concord, and 
again refufed to come to him ; fending fpecial Meffen- 
gers to the King with this pofitive Demand, * That if 
he did not, without more Delay, difmils Peter Bifhop 
of IVincbeJler^ with the reft of the Poitfevins from his 
I! 3 1 3 Court, they would never obey any of his Summons, but 
inftantly drive him and his evil Counfellors out of the 
Kingdom, and ele& a new King.' 

Henry was amazed, and his whole Court much ter- 
rified, at the Haughtinefs of this extraordinary Meflage; 
but yet, by the Advice of the Bifhop, he fought to 
repel Force by Force, feized upon feveral Manors be- 
longing to the Barons neareft him, declaring the reft of 



them Traitors, and that he would give their Eftates toKiflg/fcarj, III. 
his Foreigners. 

However, the Year after, 1234, the King was better Anno Regni 18, 
advifed, and the Bilhops and Barons met him at Weft- 
minfter, in order to fettle, in this General Council, the 
National Difturbances. Edmund Archbiftiop of Can- 
terbury^ with the reft of the Prelates, went to the King 
and his Council, and told him, boldly and openly, 
That if he would not confent to the Conditions the 
Lords had already propofed to him, and agree with his 
faithful Subjects, that he, with the Biftiops, would im- 
mediately excommunicate him and all his evil Counfel- 
)ors.' The Thunder of the Church had a better Ef- 
fedt on the King than the Barons Threats, and, fays 
our Author, he humbly and meekly anfwered the Pre- 
lates, That be would do whatfoever they defired. Ac- 
cordingly, in a very few Days, he fent Peter Bifhop of 
Wincbejier to his See, there to take Care of his Flock, 
and never more to meddle with State Affairs. Peter de 
Rivall he ftript of all his Caftles and Wealth which he 
had unjuftly acquired j affirming with an Oath, that if 
he did not inftantly go, into Holy Orders, and take a 
Benefice, he would order both his Eyes to be put out. 
Moreover, he banifhed all the Foreigners from his 
Court, and from all the Caftles they were poflefled of, 
into their own Country, commanding them never to 
fee his Face again. And thus, fays Paris, the King, 
having difmifled all his evil Counfellors, recalled to 
their Obedience his natural Subjects, and hoped, by the 
Advice of the Prelates aforefaid, to reftore his harrafled 
Kingdom to Peace and Tranquillity. 

Matters continued in a peaceable State after this but Anno Regm z. 
a few Years. In the Year 1236 another fele<St Council At^rtcn 
of the Bimops and Peers was called to Merton, where 
the King's Marriage with Eleanor, fecond Daughter of r - 2 1 
Raymond Earl of Provence, was notified, and fome fo- 
reign Affairs tranfacled of no Confequence to our De- 

We called this a fele& Meeting of the Peers, becaufe, 
we are told, that it was only compofed of the Archbi- 
ihop of Canterbury, the Bimops of his own Province, 


32 The Parliamentary HISTORY 

KlogHenrj III. and the major Part of the Earls and Barons c . It was 
here, however, that the Statutes of Merton were made 
and enacted, which have ever fmce been a Part of the 
Statute -Law of England d . 

At this Meeting, alfo, a MefTage from the Emperor 
was.confidered, wherein he requefted the King to fend 
him his Brother Richard, Earl of Cornwall, to make 
him General againft the French , whereby the Englijh 
alfo might recover their Rights. But the Emperor was 
defired to chufe any other ; the Peers giving for Rea- 
fons to the AmbafTadors, that the Prince was but young, 
and next Heir to the Crown if the King fhould die 
without Children ; and therefore it was not proper for 
them to hazard his Life in fuch an Enterprise. 
AnnoRegni ai. But the next Year following, 1237, whilft the King 
12 37- and his whole Court kept Chnjimas at Winchefter e , the 
Royal Writs were fent out, fays Paris, to every Part of 
the Kingdom, commanding all and fingular Archbi- 
fhops, Bifhops, Abbots, inftalled Priors, Earls, and Ba- 
tr. rons f , to appear, without Delay, rtWeftminfter, on 
a Day appointed, there to treat on the urgent Affairs 
of the Kingdom. Accordingly, an infinite Number 
of the Nobility, adds our Authority, from all Parts of 
the Nation came to London, imagining fome Matters 
of very great Moment were in Agitation. In Weft- 
minfter Hall they met, in order to know the King's 
Pleafure, when a certain Prieft, called William de Kele y 
33 ] -a Domeftic Chaplain of the King's, a Man very difcreet, 
and learned in the Laxvs of the Land, and one who vfas 
a Sort of Mediator betwixt the King and Peers, flood 
up, and delivered the King's Will and Purpofe in this 
Manner: * Our Lord the King, fays he, commands me 
4 to acquaint you, that he will entirely fubmit htmfelf to 

* your Advice, both in the prefent Affair and hereafter. 

* Neverthelefs, he muft inform you, that the People he 
' intruded with the Management of his Treafury have 
4 given in falfe Accounts of the Receipts. The King, 


* Ceram Domipo Rege Henrico, e! carom vcncrablU Patre Edmund* 
Cantuarienii Hrchiepifcopo, Co-Epifcofis fuis, et (cram Mcj-ri Porte Comi- 
tam et Baronum Noftrorum Angliz. Annul. Burton, f>. 287. 

1 See Hawkins's Edition of the Statutes at large, vol. I. p. 18, fr. 

e Scrifta Regalia. M. Paris. 

f Arcbiepifc'.pis, Efifapii, Abbatibui, Prioribus injiallatis, Cmitibus, 
tt Baronibus. Ibid, 

of E N G L A N D. 33 

therefore, finding himfclf deftitute of Money, without King Henry m, 
which a King is a Cypher, craves Help of you to fup- 
ply him. In this Manner, however, that what Money 
you plcafe to collecl: may be made Ufe of for the King- 
dom's Service, in a Way that fome of you, chofen for 
that Purpofe, may think proper.' Not one of this Af- 
fembly expecting fuch a Meflage, it was received with 
great Difcontent. Alter in alterius jaflantes Lumina 
Vultus, quoth the Monk out of the old Poet, and faid to 
each other, Fuderunt Partum Monies, en ridiculus Mus g . 
The Lords anfwered, with great Indignation, ' That he 
' had promifed and broken his \Vord many and many a 

* Time with them ; afferting, that it was derogatory to 
4 their Honour to fuffer a King fo eafily feduced, who 
' never either repulfed any, or the meaneft of the Na- 
' tion's Enemies, or even alarmed them ; who was fo far 
' from enlarging the Bounds of his Kingdom, that he 
' rather ftraiten'd and fubjeted it to Foreigners, to ex- 
' tort from them, by the fame Arguments, at fo many 

* different Times, fo much Money, to the great Detri- 

* ment of his own Subjects, and the Benefit of Strangers/ 
The King, finding his Nobles in this Temper, fought to 
foften them, left the Difcontent mould prove more ge- 
neral, by promifing, upon his Oath, * Never more to 
' injure or moleft them, provide^ they would kindly grant 

* him, for his prefent Ufe, the thirtieth Part of all 

* Moveables throughout the Realm. He faid that he 
c had fent a great deal of Money to the Emperor, the 

' mod of it out of his own Treafury, for the Marriage r -. 
' of his Sifter.' To this it was loudly anfwered, That L 34 

* he did all thofe Things without the Advice or Confent 
' of his Subjects ; nor was it neceflary that they (hould 
' partake of the Punifliment, who were no ways guilty 
of the Crime.' The Lords, after this, withdrew them- 
felves into a private Place, that they might be more at 
Liberty to confult together on the Exigency of this Af- 
fair and the King's Demand : But, before they went out, 
Gilbert Bajjet^ a Baron, not careful enough of his Words, 
adds our Author, faid openly to the King, 4 My Lord 
4 the King, fend fome of your own Friends to go along 

* with the Barons to their Consultation.' He fat, whiift 
he faid this, very near the King. On the other Hand, 

VOL. I. C Richard 

t This is a patcfc'U up Verfe of the Monk's, from Parturiunt Mntet, &c. 

34 Tfo Parliamentary HISTORY 

King Hetty III. Richard de Percys much moved with this Saying, ftdod 
up and anfwered him, * What is it, Friend Gilbert, 
' that you fay ? Do you take us for Foreigners, and not 
* the King's Friends ?' Baffet was reproved for his rafh 
and indifcreet Advice : Neverthelefs, by thefe Debates, 
this Meeting was prolonged four Days. 

The King con- At length the King again confirmed to all his Sub- 
firms Magna jedls their Magna Charta, and fwore to keep it invio- 
hf'hld'ca'ncdl h ed lable; and becaufe ' % s Matthew Paris, he did not 
upon his coming tnm k himfelf quite free from a Sentence of Excommu- 
t)f Age, nication, which Stephen Langton, then Archbifhop of 

Canterbury, with the reft of the Bifhops, had denounced 
againft all Violators of that Charter when it was made; 
he therefore declared, * That if he went about to break 
this Promife, by any new mifchievous Defign, he mould 
think himfelf under the full Weight of the Church's 
Sentence.' By this Declaration, adds he, the Hearts 
of the whole Audience were in a Moment changed to 
the King's Side ; and having appointed the Earl of 
Warren, ^illia?n Ferrers, and John Fitz-Geoffry, to be 
of Council to him, he made them fwear, ' That by no 
Gifts or Reward they would be drawn from the Truth ; 
but that they fhoulcl at all Times give him fuch whol- 
fome Counfel as was only conducive to the Good of 
himfelf and Kingdom.' After which the King's Demand 
was granted, and the thirtieth Part of all Moveables was 
t 35 3 levied thro' the Realm. The Manner how this Tax was 
gathered, by Officers appointed for that Purpofe, may 
be feen at large in M. Paris , to which, for Brevity Sake, 
\ve muft refer. 

There are ftill extant, amongft our Records h , fome 
Copies of Writs for calling this Parliament, by which 
it evidently appears that Boroughs had noReprefentatives 
therein : And they fuificiently explain what our Hifto- 
rian has advanced, and fpecify, at the fame Time, the 
Quality of the particular Members which conftituted 
this Parliament. 

It was the Cuftom of this King, when he wanted 
Money, to defcend to very low and pitiful Ways to 
obtain it; and when he had got his Wants fupplied, to 
fquander the Money away arnongft his Favourites with 
great Profufenefs. It muft be obferved though, by the 

J> In Bundcll, Mifccl, Temp, Hen, III, &t* Turn Lind, 

of E N G L A N D. 35 

Way, that thefe Demands of Money from the Nobility, Kin S tony HI. 

on the Part of the Crown, were the Ground-work of 

one principal Point of our Liberties, ' That the Crown 

cannot levy a Tax on the Subject without the Cortfent 

of Parliament.' All Taxes, fuch as Scutages, Knights 

Fees, &c. having been raifed before this Reign in an 

arbitrary Manner. 

The I4th of September in this Year was appointed AnnoRegnial* 
by the King and the Pope's Legate, Ottoboni t for a J2r37 ' 
Meeting of the Peers at York, to treat upon fome great At Torfa 
Affairs that concerned the Kingdom. The King of 
Scots met them there, to make an End of the Difference 
depending between Henry and him. After much Con- 
fultation and Debate, it was agreed that the King of 
Scots fhould have three hundred Pound Lands by the 
Year in England^ for which he fhould do Homage to 
King Henry^ but fliould not build any Caftles upon it, 
and was to quit all Pretences to any farther Claim. We 
cannot omit a remarkable Anfwer the Scots King made 
the Legate at this Meeting, though it has been often 
copied by other Hiftorians. It feems the Legate told 
the King of Scots^ < That he intended to vifit his King- 
' dom, to treat upon Ecclefiaftical Affairs there as he 
c did in England? Alexander replied, * That he never 

* remembered a Legate called into his Kingdorn, and 

* he thanked God there was no Need of any now ; for 
' neither his Father nor any of his Anceftors had fuffer- 
' ed any to enter, and as long as he was in his Senfes 

* he fhould alfo hinder it. Neverthelefs, adds he, be- 
' caufe you have the Character of a very holy Man, I 

* will give you this Advice, if ever you enter my King- 

* dom, that you do it very cautioufiy, left any Misfor- 

' tune happen to you. A great many fierce and favage [ 36 J 
Men inhabit there, that thirft after human Blood, 

* which I myfelf cannot tame, and if they fet once up- 

* on you, I cannot prevent them from doing you a 
' Mifchief. It is not long fince, as you may have 
' heard, that they invaded me and had like to have 
' drove me from my native Kingdom.' The Legate 
hearing this, fays Paris, laid afide his covetous Defire 
of entering Scotland, and ftuck the clofer to the Englifo 
King, whom he found more obfeqilious. 

C 2 Htnry 

36 tfhe Parliamentary HISTORY 

King Henry in. Henry having quickly got rid of his laft Supply, was 

Anno Regni zi obliged to u ^ e tne fame Means to gain another. In the 

1x37. very fame Year, another Aflembly of the Peers was 

called to meet at Wejlnrinfter^ where the King laid be- 

AtmjMn/kr. fore them hig Grievances, aflerting, by Oath, That his 

Money was all gone, and that he was fcarcely worth a 

Groat, and therefore demanded the fame Supply as the 

former. After fome Difputes and much Murmuring, 

this Demand alfo, being the thirtieth Part of all Move- 

ables, was granted. Which Money, fays Paris, was 

laid out in the fame trifling Way as the former ; and, 

inftead of taking the Advice of his Nobles in the Diftri- 

bution of it, he again fquandered it away amongft his 


Thefe Weaknefles of the King put his Nobles on 
1 fome other Means of Redrefs ; and finding his Extor- 
tions to have no End, they were refolved to bring him 
to better Terms by Force. Richard Earl of Cornwall, 
the King's Brother, fcandalized at his Proceedings, was 
the firft in this League againft him. After fome Strug- 
gles, Henry was compelled to fubmit to fuch Terms as 
the Barons required, and Matters remained in a peace- 
able State betwixt them for fome Years '. 

Anno Regni a6. We meet with no other Convention of the Eftates 
4*- till the Year 1 242; when, by the King's Writ, they 
were all, as before, fummoned to appear at London k , 
At London. on Wednefday before Candlemas-Day. The old Animo- 
fities were here raifed again ; the Barons engaged one 
another, by Oath, not to confent to give any Money at 
all j and when the King demanded it, they anfwerfed 
27 ] him with great Bitternefs, * That fuch were his Coun- 
cils, and fuch his infolent Manner of afking, that they 
would not do it : That he had fleeced and impoveriftied 
his Subjects fo very often, drawing his Exactions into 
Confequences, as if they were the meaneft Slaves ; and 
all this Money, which he extorted, had been wafted 
fcandaloufly; therefore they flatly told the King to his 
Face, That they would not be fo robbed and plundered 
any more.' The King, fays Paris, well verfed in Italian 


' In RymeSs Feed, Tom. I. p. 385, is fome Account of a Convention 
cf Eftates in 1240. 

k Tor/at Anglix Nobllitat, tarn Prelatorum quam Comitum ac Baronuvij 
ftiundtim Regiun: Prt'tptutr., Lomlini cvnyegata eft, M. Paris. 

^/ENGLAND. 37 

Tricks and Illufions 1 , commanded them that they KIn S ***? m 

fhould wait to know his Pleafure, on the Morrow, on 

this and other Matters. But in the mean Time, adds, 

that he drew them one by one into his Clofet fecretly, The King clofets 

in the Manner that Penitents go to Confeilion to their the Barons oae 

Prieft, and there, what he could not do with them all by one, to prevail 

' '' i i on them to grant 

together, he ftrove to gam by fair Speeches to them a Supply, 
fmgly : Promifing, amongft the Clergy, this Man an 
Abbey, another a Priory, and fo on, till he found he 
could make nothing at all of them ; for not one of them 
would recede from the common Anfwer which they had 
Avorn to flick to. Henry, growing angry at their Ob- 
ftinacy, faid, What, would you have me perjured? I 
have fworn by the blejfed Sacrament to carry my Arms 
againjl the King of France, in order to reclaim my jujl 
Rights, and without you grant me an ample Supply I 
am not able to perform it. Yet, neither by thefe or any 
other Words could he gain upon them, notwithftand- 
ing the politic Method he took to bring them over to 
his Jntereft. 

He then thought proper to call before him thofe of 
the Barons that were his own Officers at Court, and 
fpoke to them in this Manner : What a pernicious Ex- 
ample have you fet to others f* ICou who are Earls, and 
Barons, and mighty Men at Arms, ought you, tho' others 
are intimidated, to tremble like a Set of Bifnops and 
Priejis ? Tou ought to be mere eager to defend the Rights 
of the Crown, and, by Deeds of Arms, oppofe yourfelves 
againft all its Enemies. I called this AJfembly tojlrengthen 
and defend my Rights, with a fure Expectancy, that they 
would fuffer my Affairs to go on profperoujly, after the 
Example of Wales, where of late we fo happily tri- * ~ * 
umphed. And with what Face can you leave me your 
Sovereign Lord, with the heavy Burthen of State upon 
me, fo poor and defolate ; especially when you know my 
Promife (0 go abroad, end that I have fworn Jlriftly to 
perform it? When the Purport of this Speech was made 
known to the whole AfTembly, they returned the King 
this Anfwer : * Your Majefty gives us great Occafion 

* to wonder into what Gulph you have thrown that 

* vaft Quantity of Money, which, by various and cruel 
4 Extortions, you have raifed, as well from Churches 

C 3 < kept 

I Romanorum vfu: vetfutis Falladit* M, Paris, 

3 8 The Parliamentary HISTORY 

King firm? III. < kept vacant, as from the Lands of the Nobility; 

* creating Horror in the Minds of the Hearers. Be- 

* fides, you have called over certain Legates, or thofe 
e that did the Office of Legates, into this Kingdom, 
that, like Gleaners after the Vintage, have plucked 

* from us all the Money we had left. It is therefore 
' lefs to be wondered at, that without the Confent, or 

* even Advice, of the Nobility of England, you have 
involved yourfelf in fuch difficult and dangerous Ne- 

* gotiations ; flaking your Faith to thofe that have none; 
c and, defpifmg the Favour or Efteem of your own 

* Subjects, you have brought yourfelf into a very doubt- 
' ful State of Fortune. The League that was made 

* betwixt the King of France and you, and which you 

* fwore from your Soul to keep inviolably to the End, 
' being tranfacted alfo by your moft Noble Brother 
' Earl Richard and Earl Roger Bygot on your Part, you 
have moft difhoneftly and fcandaloufly broke.' 

Thefe, with fome other Matters, being urged home 
to the King, he fell into a very great Rage, and fwore 
bitterly, 'That be would not be binder ed of his Defign by 
any Thing they could fay or do j but that he intended to 
begin the War in France, in a very Jhort Space of Time, 
let the Confequence be wh'at it would. And thus, fays 
our Authority, this Council was diflblv'd with very great 
Heart-burnings on both Sides. However, left this An- 
fwer of the Barons to the King fliould be forgot, or 
mifconftrued, it was thought proper to reduce it into 
_ Writing; which, being in the Nature of a PROTEST, 
- 39 J is the firft of that Kind we meet with in Hiftory ; we 
lhall therefore give it at Length as follows : 

The PROTEST ' O^NCE, by the King's Command, the Lord Arch- 
of the Bifhops, * j^ bifliop of York, the reft of the Bifhops, Abbots, 
Abbots, Priors, < an d Priors in England, by themfelves or Proxies, alfo 

font agabft B tL C a11 the Earls ' 2nd moft of the Barons of England, have 

King's Demand ' nict at Weftminfter, on the Wednefddy before the Pu- 

for Money. t r ifi cat i O n of the Bleffed Mary, in the Year of our 

' Lord One Thoufand Two Hundred and Forty-two, 

' and in the Twenty- fixth of the Reign of Henry III. to 

hear the Will and Pleafure of the King, for which he 

* fummoned them : And the faid Lord the King fend- 

5 ing unto them the faid Archbifhop, with the Noble 

* Loid 

of E N G L A N D. 39 

Lord Earl Richard, and Matter Walter of York, Pro- King Henry III, 
' volt of Beverley^ as his folemn Meflengers, to notify 

* to them the King's Mind and Bufinefs, and to afk the 
' Advice and Afiiitance of the Lords in fuftaining his 

* Hereditary Dominions beyond the Sea, that regard 
' his Kingdom of England : Therefore the faid Bi- 
' (hops, Abbots, Priors, Earls, and Barons, taking the 
' King's Meflage into their ferious Confederation, re- 
turned the King, by the fame Lords, this Advice, 
' viz. That the King fliould wait untill the Truce be- 

* twixt him and the French King was expired ; and if 
' the faid King of France fliould chance to enterprize 
6 any Thing againft the Form and Tenor of the faid 

* Truce, that then the faid King of England fliould 
' fend unto him folemn MefTengers to afk Advice, and 

* to put the faid French King upon holding the faid 
' Truce, and forbearing thofe Enterprizes, if they were 
' made by him or by his Subjects. That if the faid 

* French King refufed to do this, that then they freely, 
' to this Advice, would lend all their Aid and Affiftance, 
6 which they all unanimouily confented to. Lilcewife, 
' that fince he had been their Sovereign Lord, they had 
' many Times granted him Supplies; firft, the thirtieth 
' Part of all Aloveables, after that the fiftieth, and then 
' the fixtieth ; a fortieth Part on all Carucats and Hides 
' of Land ; many Scutages, and one very great Scutage 

* for the Marriage of his Sifter to the Emperor. After T 40 1 
' all this, truly four Years were fcarce elapfed, but he 

' again fought another Aid, and at laft, after much 
' Intreaty, a thirtieth was alfo granted him ; with this 
c Condition, however, which he ratified by Charter, 
' That neither this nor any former Exactions fhould 

* ftand as Precedents for others. Befides this, the King 
' then granted to them, that all Liberties contained in 

* Magna Charta fliould, in a more ample Manner, be 
' held thro' his Kingdom; and to that End gave them a 

* fmaller Charter in which it is fo included. Add to 
this, that our faid Lord the King, of his own free Will, 
' and by the Advice of his whole Aflembly of Barons m , 

' granted 

m The Word that M. Pans makes ufc of here, and in fome other Places, 
is Barnag itim, Concilia tod us BARXARII sui 5 the Editor thereof, Dr. 
fays in his GhJJory, on this Word, That it is foretime* wrot'-. 
which, lays he, every one knows to mean ftritf iy the Houfe 


40 The Parliamentary HISTORY 

King Hairy in. < granted to them, that all the Money rifing from this 

* thirtieth Part ftiould be laid up fafely in the King's 
' Caftles, under the Guardianship of four Englifo^Nob\c- 

* men, the Earl Warren and others, by whofe Direction 
' and Advice the faid Money fhould be difburfed for the 
Service of the King and Kingdom whenever it was 

* neceffary. And becaufe the Barons never knew nor 

* heard that the faid Money was expended by the Advice 

* and Confent of the aforefaid Lords, they do verily be- 

* lieve that the King is (till poflefled of that Money, 

* and therefore cannot now have Occafion for more. 

* They are likewifewell acquainted that,fmce that Time, 

* he has had fo many Efcheats, as that of the Archbi- 

* {hoprick of Canterbury, and other rich Bifhopricks of 

* England, as well as of the Lands of the deceafed Earls, 
' Barons, and Knights, who held of him ; that, even by 
' thefe very Efcheats, he ought to have a large Sum of 
' Money by him, if it was properly taken Care of. Be- 
' fides, from the Time of giving that thirtieth Part, his 
4 itinerant JufHces have not ceafed to make their Cir- 

* cuits through all Parts of England, as well as with 
r jj I ' Pleas of Foreft, and with all other Pleas, fo that every 

' County, Hundred, City, Town, and almoft every 
' Village in England, has been grievoufly amerced ; and 

* by thefe Circuits alone great Sums of Money have 

* been collected for the King's Ufe. From all which 
' they can well aver, that the Kingdom is fo burdened 

* and impoverished, that they have little or nothing left 
? for themfelves. And becaufe that our Lord the King, 

* after the Grant of the laft thirtieth Part, never kept 

* to his Charter, therefore it more than ufually troubled 
' them ; and fince, by another Charter, he granted 

* that thefe Exactions fnould not be made Precedents, 
' therefore they pofuively made Anfwer to their faid 
' Lord the King, that they would not, for the prefent, 

* grant him any Aid. Neverthelefs, as they acknow- 
' ledgcd him to be their Sovereign Lord, they fhould 
' be willing to give him the beft Advice in their Power, 

4 if 

of Lords, or Upocr Houfe of Parliament. Whether they are Dukes, Mar- 
quifles, Earls, Vifcounts, Barons ; or, alfo, Biihops, and anciently Abbots 
and Priors who held their Baronies of the King. This feems a pretty 
ftronc Evidence, that the Commons of England had no Share ia thcf; 
AfTemblies at that Time, 

of E N G L A N D. 41 

< if he would carry himfelf well towards them to the End King Vtnry HI, 

* of the faicl Truces.' 

When the Lords, appointed for that Purpofe, had 
waited upon the King with this Answer to his Demand, 
they returned to the Ailembly, and told them, ' That 
' the King defired to know of them, what they propofe 

< to do if the French King fliould break the Truce before 
the Expiration of it? They promifed alfo, on the King's 
' Part, that if he had injured any particular Baron, that 

* he would make Reparation, as the Lord Peter of Sa- 

* vay, and others of his Council, fhould think fit to ad- 

* vile.' To this the Lords reply'd, c That if the King of 
' France fhould break the Truce, and would not forbear 

* his Enterprizes, then their Counfel was the fame they 
' had given to be done at the End of the Truce, provided 
they were fatisfied of the Truth of thefe Facls. As to 
' that which related to particular Injuries received from. 
' the King, they would not, at that Time, enter into 
' Pleadings with him about them. That, on the Grant 
of the laft Thirtieth, the fame Thing was promifed on 

* the King's Part, as well and faithfully, by William de 
c Kele ; and how well the King had kept his Promifes, 
he himfelf beft knew.' 

We (hall not flop to make any Obfervations on thefe [ 42 ] 
fevere Remonftrances of the Barons to their Sovereign ; 
let each Man pafs his own Cenfure. It muft be owned, 
however, that they treated their King very cavalierly in 
thofe Days ; and the Hiftorian we quote from does not 
at all mince the Matter in the Recital n . 


Matthew Parity a Monk of St. Albai?), was Hiftoriographer to Henry 
the Third, and received an annual Stipend from him j he died in the Year 
1259, the 43d of that King; his Hiftory was continued to the End of that 
Reign by one William Rijhangcr, who was alfo a Monk of that Abby, the 
King's Hiftoriographer, and received Matthew's Stipend. It muft be owned 
that thefe Monks have done great Juftice to the Hiftory of their own Times, 
and have neither fpared King nor Pope in the Courfe of it j a Virtue rarely 
found in the Hiftoriographers of thefe Days, whether Royal or Ecclefiafti- 

But Dr. Brady obferves, That the old Monk is here guilty of a great 
Piece of Jnconfiftency in his Account of this Meeting. He firft mentions 
much ill and harft Language which was giyen the King, by the Great Men, 
Face to Face ; and in the Relation that immediately follows this, which 
Parn fays was written as a perpetual Memorial of the Barons' Anfwer to 
the King, it appears that they never fpoke or had Conference with the King, 
but heard his Pleafure, and the Rufmefs he had with them, from his Com* 
taifiioners there named. Brai?y'.s Cwftca: lliftsry, p. 5X3, 

^.2 The Parliamentary HISTORY 

King Henry HI. J n t h e Year 1244, this Kin g fummoned another Af- 
Anno Regni 28. feebly of the Great Men to meet at Weftminfler ; and 
1244. 'fitting in State amcngft them, in the Refectory of the 
At Weflminfter. Abbey, there, fays Paris,, f With his own Mouth afked 
' a pecuniary Aid from them.' The King's private In- 
tention was to reduce the King of Scots j but he openly 
pretended that having, by their Advice, pafled into Gaf- 
coigny the Year before, by that Undertaking he had con- 
tracted great Debts, from which he defired them to re- 
lieve him. The Barons anfwered, ' That they would 
* confult about his Propofal.' 

The Archbiftiops, Bifhops, Abbots, and Priors, with- 
drew by themfelves to treat of this Affair ; and then they 
afked the Earls and Barons to confent to what they had 
refolved upon ; who anfwered, That they could do no- 
thing without the whole Community. It was then agreed 
to by all, that from the Clergy fhoulcl be chofen this Com- 
mittee, the Archbifhop Ele6t, Boniface, of Canterbury 5 
the Bifhops ofWinchejler, William Ralegh ; Lincoln, Ro- 
bert Grojlhead ; and Worcejler^ Walter de Cantilupe : 
On the Part of the Earls, were Earl Richard, the King's 
Brother, Earl By got, the Earl of Leicejler, Simon Mont- 
l 43 ] fort, and the Earl Marefchal : Of the Barons Part, 
Richard de Mont fitch et, John de Baliol, with the Abbots 
of-Ramfey and Bury. What thefe twelve fhould do was 
to be communicated to the whole, that nothing might 
be offered to the King which had not the common Af- 

Now, becaufe the Charter of Liberties, which the 
King granted fome Time ago, and for which Ed- 
mund, the Archbifhop of Canterbury, on Behalf of the 
King, had fworn to obferve, was in no wife kept ; and 
becaufe the Aids that had fo often been given before 
were not ufed to the Advantage of the King and King- 
dom ; and, likewife, by Default of the Chancellor, 
Writs were granted and iffued, contrary to Juftice ; 
therefore it was defired, c That fuch a Chancellor and 
c fuch a Juftice might be chofen, as would fix the State 

* of the Kingdom on its old Bafis/ The King, left 
he fhould feem to do any Thing new by Compulfion, 
would not grant the Petition of the Nobles; but promifed, 

* That he would amend what he had heard was amifs.' 
Upon this the Aflembly was adjouroed for three Weeks j' 


of E N G L A N D. 43 

and if in the mean Time the King ftiould, of his own King Henrj ill* 

Accord, chufe fuch Counfellors that would manage 

the Laws and Rights of the Kingdom to the Satisfa&ion 

of the Nobles, then they defigned to give him an Aid ; 

yet fo, that it fhould be expended to the Advantage of 

the Kingdom, by the Advice of the Committee of Twelve 

before- mentioned. 

When the King faw that he could do nothing with 
them all together, he tried the Clergy apart again j and 
having got the Pope's Letter to them, in which he re- 
quired, admonifhed, and exhorted them to give the King 
a liberal Donation of Money ; their Anfwer was, That 
c they were engaged, and could do nothing without the 
e common Confent of the Eftates concerned with them.' 
An Anfwer very memorable, and which has been rarely 
imitated by the Clergy in fucceeding Ages ! 

This Great Council had contrived a new Kind of Go- 
vernment, which they intended to have offered to, and 
put upon, the King ; which was, that four of the moft 
potent and difcreet Men of the Kingdom fhould be cho- C 44 3 
ien by common AfTent, and fworn of the King's Coun- 
cil, who fhould tranfact all Affairs of the King and 
Kingdom, and (hould do Juftice to all without Refpec~l 
of Perfons Thefe Men were to follow the King, and. 
two of them, at leaft, were always to be prefent with 
him, that they might hear the Complaints of all Suffer- 
ers, and relieve them. The King's Treafury was to 
be managed by them, and all Aids were to be laid out 
as they thought neceflary for the common Good. They 
were to be Confervators of the Liberties ; and as they 
were chofen by common Aflent, fo they were not to be 
removed out of their Office but by the fame common Af- 
fent ; and when one died, another was to be chofen by 
the three Survivors. Without their Confent the Great 
Council was not to meet ; but if they {hould think it 
convenient or neceflary, it was to be convened at their 

This Project did not take Effect, becaufe the Counfels 
of the Clergy were diftra&ed by the Pope's Legate, 
Martin, who came accidentally at that Time with Let- 
ters to require a great Sum of Money of them, in order 
to pay the Debt which had been contracted by his Pre- 
deceflbr. Pope Gregory^ in the War for the Catholic 


44 The Parliamentary HISTORY 

King Hwy ni - Faith, Eccleflaftical Liberties, and the Patrimony of 
the Church ; and he fufpnded all Men from prefenting 
to Benefices which were thirty Marks annual Value, 
or upwards. 

The King orders The Great Men and Prelates met at London, accord- 
the Bifhops to ing to the Time of Adjournment, to treat about the De- 
excommunicate m and of an Aid ; where the King again renewed to them, 
vlo^Magna and . Pmifed entirely to keep, ^the Charter of Liberties, 
fbarta. which he had fworn to at his Coronation ; and gave the 

Bilhops Leave, in their refpe&ive Diocefes, to excom- 
municate himfelf and all others that fliould aft contrary 
to its Intent in any Article. Yet, for all this, he could 
only obtain twenty Shillings of every Knight's Fee, of 
thofe who held of the King in Capite, towards the Mar- 
riage of his eldeft Daughter j Half to be paid at Eajler^ 
and the other Half at Michaelmas following. 

Henry met with fomewhat worfe Treatment from 
r ,jr ] another Afiembly of his Barons, called alfb in this very 
Year, 1244; when the King, fays Paris, with great 
Earneftnefs, not to fay Impudence n , demanded a pe- 
cuniary Aid of thofe whom, adds this Author, he had 
fo often injured in this Manner, and laughed at them 
for it. But this, we find, was as refolutely denied, 
with one Accord, by the Barons, even to his Face, 
at a Time, when our Author owns, that the King was 
going with a very numerous Army to reduce Wales in 
thofe Days a very troublefome Neighbour to the EngHfo 
Borderers on that Country. 

Denied any National Affiftance, it is no Wonder that 
this King became fo poor and indigent, as to be obliged 
to ftoop to feveral Meannefles for fupplying his Coffers, 
another Way. Paris writes, That he owed fo much 
Money, and to fo many People, for even the very Ne- 
ceflaries of Life, that he durft fcarce appear in Public 
for the Clamours of his Creditors . 

AnnoRegmjo. In a Parliament held at London in the Year 1246, 
"4 6 ^ n there were fome fevere Laws made againft fuch as rob- 

Inftantijflme t ne dicam tmfudfntljjime. M. Paris, fub / 1244. 

o This King's Defence againft his fturdy Barons, in lelation to their ill 
Ufage of him, was undertaken by Sir Rohert Cotton in a fmall Treatife, 
called, A fivrtVinu of the kng Reign of Xing Henry III. London, 1642, 
a Time when Altercations of the fame Sort patted betwixt King C'carks 
and his Parliament : And yet this fame Sir Robert Gotten made a very 
warm Speech in the firft Year of that King's Reign, againft the Grievance* 
then complained of, This Speech will appear under its proper Period, 


bed Parks or Warrens. If the Malefactor fled, and was King Henry ill. 

killed in the Purfuit, there was neither Law nor Appeal 

allowed for his Death. If any Earl, Baron, or Knight 

complained to the King that his Deer were ftolen, an 

Inquifition was made by the King's Writ ; and if he 

that was indicted was convicted of the fame, he was to 

lie in the King's Prifon a Year and a Day, and to pay 

three Years Value of his Eftate, having juft fufficient 

allowed out of it to maintain him ; after which the King" 

was to have two Parts, and he that received the Injury 

one ; then the Convict was to find twelve Sureties that 

he fhould never do the like again, in Parks, Warrens, 

or Forefts, nor do any other Thing againft the King's 

Peace ; of all which his Sureties were to anfwer for his 

Body and Tranfgreffions. Alfo, if any one was taken r .g -i 

in a Park or Warren, without the King's Writ of In- > 4 J 

quifition, he was to be imprifoned, fined, and to give 

Sureties as before. 

But, in this fame Year, am oft general Parliament P, Anno Regni 30, 
fays Paris, of the whole Kingdom, met at London, ac- * 2 4 6 ' 
cording to Summons, about an Ecclefiaftical Affair of 
the utmoft Confequence to the Nation. It feems the At *' 
Pope had been ftrongly follicited by the King to remove 
ieveral Grievances which were greatly complained of, 
and which he had promifed to reform. The Subftance 
of thefe Grievances was as follows q : 

1 . * That the Pope, not content with the Payment 
' of Peter-Pence, opprefied the Kingdom, by extorting 

* from the Clergy great Contributions, without the 

* King's Confent; againft the antientCuftoms, Liberties, 
6 and Rights thereof ; and againft the Appeal of the Proc- 
' tors of the Kingdom, in a General Council at Lyons. 

2. ' The Church and Kingdom were greatly injured, 
' in that the Patrons of Churches could notprefentfitPer- 

* fons to them, becaufe they were given by the Pope's 
Letters to Italians, who underftood not the Englijh 
' Language, and carried all the Money out of the King- 

* dom, to the great f mpoverifhment of it. 

3. c The Nation was opprefled by the Pope's Exac- 
' tion of Penfions from Churches, and by Italians i'uc- 

* ceeding Italians. t ^,, 

P Parfiamentufn generaUJJimum, viz. Prjelatorum, tarn Epijc&porum jua* 
j1f>liatum et Priorum, Ccmitum quoqut ft Barvnum. M. Fails, 
\ M, Paris, Anno 1246. Anna!. Men. Burton, p. 307. 

46 be Parliamentary HISTORY 

King Hemy III. 4. c The Englijh were forced to profecute their Rights, 
f out of the Kingdom, againft the Cuftoms and written 
' Laws thereof j and againft the Indulgences granted by 
' the Pope's Predeceffors to the King and Kingdom of 

* England. 

5. c The Church and Kingdom infinitely fufFered by 
' reafon of the Claufe of non obftante, which weakened 
c and enervated all Oaths, antient Cuftoms, written 

* Laws, Grants, Statutes, and Privileges. And, 

6. ' That in the Parifhes where the Italians were 

* beneficed there were no Alms, no Hofpitality, no 
r 1 * Preaching, no Divine Service, no Care of Souls, nor 
L 47 J f an y Reparations done to the Parfonage-Houfes.' 

The King, in Confideration of thefe Papal Ufurpa- 
tions, had fummoned this Parliament j and at the Meet- 
ing conferred with the Bifhops apart, the Earls and Ba- 
rons apart, and the Abbots and Priors apart, in order to 
find out their Sentiments, and the propereft Way to get 
thefe Grievances removed. The Refult of all was to 
try the mildeft Way with the Holy Father ; and it was 
agreed that the King fhould write fingly to him, the Bi- 
fliops by themfelves, the Earls and Barons by themfelves r , 
and the Abbots and Priors by themfelves. All which 
Letters are preferved by M. Paris, and, by their hum- 
ble and fubmiflive Stile, evidently fhew that the Fear 
of the Vatican Thunder, Bulls, Interdicts, &c. was 
terrible in thofe Days. Notwithftanding thefe reafon- 
able Remonftrances to the See of Rome* we do not find 
that they produced any Effect, for the Grievances com- 
plain'd of continued through the Courfe of this whole 

&ano Regni 32, In the Year 1248 was called, by the King's Writ, 

1248. another Aflembly of the Nobles to meet at London^ in 

order, fays our Author, to treat of the Affairs of the 

At London. Ki ng( j orn> at t h a t Time fadly difturbed and much im- 

poverifhed. There came to this Meeting, befides the 


* The Preamble to thtf Barons' Letter runs thus : San&iffimo Patri in 
Cbrijlo carij/imo, J. Dei Gratia univerfalis Ecclefne fummo Pontifici, devot: 
Ft/it Richardus Comes Cornubia?, Simo <3e Monteforti Comet Leyceflrias, 
"Willielmus de Ferrariis Comes Dcrbeix, Humphredus de Bohun Comes He- 
refordiie et Effexis, Rogerus de Bigot Coma NorfoJkiaJ, Richardus Ccrr.cs 
Glouctftrias et Heitfordiae, Richardus Comes Winton, Willielmus 
Albemarlias, Henricus Canes Oxonias, et alii totius Anglix Earoncs, Pro- 
ceres, et Magnates, ac Nobiles, Portuum Man's Habitat ores, ntcntn et Citrvf 
ft Pofulust Salutim, M, Paris, jlntial, Buitoa, 

of E'-N GLAND. 47 

Barons, Knights, Noblemen, Abbots, Priors, and a King Henry HI. 

great Body of the Clergy, nine Bifhops ; alfo Earl Ri- 

fbard the King's Brother, the Earls of Gloucejler, Lei- 

ce/ler, Winchejler, Hertford, Roger Bygot Earl Mare- 

fchal, the Earl of Oxford ; likewife the Earls of Lincoln, 

Ferrers, Warren, and Peter of Savoy , Earl of Richmond. 

Boniface, Archbifhop of Canterbury, was not at this 

Meeting, he being engaged at that Time abroad in fome 

Affairs with the Pope. The old Demand, the Want [ 48 ] 

of Money, was urged again at this Time, and the fame 

Murmurings began on the Part of the Barons againft it. 

They faid, ' They admired the King did not blufh at 

* making fuch a Demand of them ; becaufe he had gi- 

* ven them his Charter, when the laft Demand was 

* granted, to which the Lords fcarcely confented, that 

* he would not again load his Subjects with fuch Exac- 
' tions : That he was greatly to blame -for his indifcreet 
' callingoverofForeigners,on whom all the good Things 
' of the Kingdom were fcandaloufly and prodigally wa- 
fted : That even, the Daughters of the Nobility were, 

* by his Means, married to ignoble Strangers, without 
4 their mutual Confent, which is the Cement of Matri- 
e mony; and his own natural-born Subjects fetafideand 
defpifed. He was blamed alfo, and not undeferved- 
ly, fays Paris, that whatever in Eatables, Drinkables, 

* or even in his Robes, but particularly in Wines, that 

* he ufed, his Cuftom was to take them by Force from 
c the lawful Owners and Venders of them ; by thefe 

* Means greatly injuring his own Subjects, as well as 

* foreign Merchants who brought Goods into this King- 
' dom. And thus Trade, by which Nations enrich 

* each other, would be ruined s : That the Nation was 
fcandalized and impoverished, the Merchants got no- 

* thing from the King but Law-Suits, or fome mean 

* Trifle in Return, whence Thoufands of terrible Curfes 

* are called down on him, to the Danger and Difgrace 

* of the whole Kingdom. Moreover, that, in order to 

* get greater Gifts and Premiums frcrm thefe Merchants, 
he had feized upon their Wax, Silks, and other Mer- 
' chandize, in order to make them pay for the Return ; 
' to the Difhonour of himfelf and the whole Kingdom ; 

* not without grievous Offence to God, That, in all 

< thefe 

* A rcmaikable Nation of the Advantage of Trade e\ren in thofeDays ! 

4-S The Parliamentary HISTORY 

King Beery in. thefe Things, he fo tyrannized, and ftudied to be cruel, 
'that even the poor Fifhermen on the Sea Coafts, who 

* take Herrings, or other Fifh, were not permitted to 

* difpofe of them according as they liked, nor dare the 
' Inhabitants of the Towns on the Sea-Coa$s purchafe 

. -. * them ; but the poor Men thought it fafer to put to Sea 

I 49 J t w ith them, even in ftormy Wheather, in order to dif- 

' pofe of them in foreign Markets. That thefe miferable 

' - * Traders were fo cruelly treated by the King's Colledtors, 

* that Punilhment was added to Lofs ; for after receiving 
' Injury upon Injury in their proper Perfons, their Carts 

* and Horfes were taken away from them, and driven 

* into fecret Places. That he kept in his Hands feveral 

* rich Bifhopricks and Abbacies, founded by their pious 

* and noble Progenitors, and made himfelf both Guar- 

* dian and Governor of them, to their utter Deftruclion ; 
' contrary to the folemn Oath which he, principally, 

* fwore at his Coronation. Laftly, the King was very 

* much blamed, by all and fingular the Complainants, 

* that he had neither Chief Juftice, Chancellor, nor 

* Treafurer in his Council, as he ought to have, and as 
' his moft Noble Predeceffors had before him j but thole 

* Officers he had were allowed to do their own Will and 

* Pleafure, provided he gained thereby; not promoting 

* the Public Good, but feeking only their own Prefer- 
c ment, being fuffered to get as much Money as they 

* could, provided his Cuftoms and Rents were but firft 
4 paid.' 

The King, when he heard all this, was much con- 
founded within himfelf, and afhamed, fays Paris, be- 
caufe he knew it all to be very true. He promifed, 
therefore, ' That, certainly and truly, all thefe Faults 

* fhould be amended ;' hoping by this Humility, tho* 
v it was feigned, to bend their Hearts to the granting his 

Demand more eafily. But the Barons, more exafperated 
at this feeming Complaifance, anfwered again, * All this 

* will be made manifeft in a little Time ; we have 
waited hitherto patiently, and as our King carries to 

* us, fo we in all Things will behave towards him.' 
Thus, adds our Author, Matters were delayed and 
poftponed, from" Candlemas, when this Convention met, 
to the Feaft of St. John Baptijl> to which Time they 
were prorogued. 


of E N G L A N D. 49 

tn the mean while the King, either of his own Head, King Henry III. 
W by the Advice of his Courtiers, who could not bear 
the leaft Retrenchment of the Prerogative, became more 
hardened and more exafperated againft his Barons ; fo [ 5 3 
that the aforefaid Grievances ftill remained unredrefs'd. Anno Regni 

At the Day appointed all the Nobility met again at 1248. 
London, and were received by the King with the follow- At London, 
ing Speech : 

My Lords and Peers of England, 

tyO U are all of you willing, I find, to have my Mind^* King's 
-* bent to your own frills, and have not treated 

at all civily in this Matter. You would have monftrances of 
me jubmit to your Pleasure, and yield to any Terms that tae Barqnst 
.you think Jit to offer. By this you tmpofe a very jlavijh 
Condition on me, and deny me that Liberty and Authority 
which every Mafter exercifes in bis own Family. For, 
furely, every Mafter of a Family may ufe whofe and what 
Counfel he pleafes ; and, in his own Houfe, put in or put 
B'ut what Officers he thinks fit ; yet all this you prefume to 
deny to your Lord and King. As Servants, therefore, ought 
not to judge or impofe any Difficulties on their Mafter s,ft> 
rteitber jhould Vajj'als any on their Prince. The Servant 
is not above his Lord, nor the Difciple above his Mafter; 
and what is your King more than your Servant, if he is tt> 
obey your Commands ? Therefore my Refolution is, neither 
to remove the Chancellor, Jujliciary, nor the Treasurer, at 
your Pleafure ; nor will I appoint any other. 1 expeft a 
fufficient Aid of Money from you for the Defence and Re- 
covery of my Rights beyond Sta t in which you are alfo 
equally concerned, 

To this fmart Speech from the Throne, the Barons 
uhanimoufly returned this fhort Anfwer, ' That they 
would no longer impoverim themfelves, to enrich 

* Foreigners, as they had formerly done, when they 

* gave Money for the King's Expedition into Gafcoigny 

* and PoiRou? And thus this Parliament was diflblvecl 
without any Satisfaction either to their Sovereign or 
themfelves : But the King was hereby reduced to fo 
great aNeceflity, that he was obliged to expofe to Sale 
his Jewels, Plate, and other rich Utenfils of his Houfe J 
which Veflel'3, though they were curioufly wrought an4 

Vol. I. ' D gilded, 

$o be Parliamentary HISTORY 

King Henry III. gilded, were not fold according to their Value, But 
Weight. The King had the Curiofity, fays Paris, to 
inquire who could buy thofe rich Veflels ; he was an- 
[ 51 ] fwered, they were fold at London ; Yes, fays the King, 
1 know very well, that if the Riches of O&avius Caefar 
were to be fold, the City of London is able to buy it all : 
Thofe London Clowns, who call thetnfelves Barony adds 
he, are fo full of Riches, that they are glutted with them ; 
that City is an inexhauftible Spring of Wealth.' Upon 
this Occafion, fays our Author, the King took it into 
his Head to fleece them, which he afterwards did moft 

It was three Years after this before the King thought 
"' ^ ', fit to call another Parliament. We may ftile it now a 
great Parliament, becaufe our Author, Matthew Paris, 
calls it here fo, for the very firft Time l . From whence 
we may reafonably conclude, that this Word Parlia- 
ment, of Norman Extraction, was then come into Ufe. 
And, indeed, if this Appellation is derived, as the Lord 
Coke fays, from fpeaking ones Mind, it could not be 
applied to any Period of Time, or to any Reign, more 
properly than to This we are now treating of. 

AnnoReeni e. ^ n March, 1251, a great Parliament was held at 
1x51. ' London, in which Henry de Bath, Chief Juftice of Eng- 
land, was called upon to anfwer to feveral Crimes and 
At London, Mifdemeanors alledged againft him. The King himfelf 
was his Profecutor, and therefore his Adverfaries loaded 
him the heavier. The King was very angry with the 
Juftice, that he came thither, as it were, guarded by 
a great Number of armed Men of his Wife's Kindred 
and his own, a well as all his Servants ; he accufed 
him more highly than the reft, laying to his Charge, 
amongft other Things, That he was a Diflnrber of the 
whole Kingdom, by exafperating all his. Barons again ft- 
bim, from which a general Sedition might be expeSled. 
Therefore the King caufed it to be proclaimed by the 
common Cryer at London, and in Court, that if any 
Perfon had any Caufe of Action, or Complaint, againft 
Henry de Bath, they mould come into Court before the 
King's Prefence, and there they fliould be fully heard. 
[ 52 ] BV thefe Means many Complaints were urged againft 
him j and one of his own Brother Juftices openly proteft- 


t Eodemdnno, fell, izci, bablsum tfl Parlhmentutn magnum Lon- 
rmi. M.Paris. 


fed, That he fuffer'd a very great Villain, imprifon'd and King Hmry ill, 
convict, to efcape unpunilhed, having received feveral 
very rich Gifts for thatPurpofe j an Offence of very great 
Prejudice to the King's Authority, znd no fmall Dan- 
ger and Scandal to the reft of the Juftices his Brethren. 
Upon which, fays Paris, the King being much pro- 
voked, mounted up on High, and called out with a 
loud Voice, That if any Man whatfoever will kill Henry 
cle Bath, he Jhall be acquitted of his Death , and I pro- 
yiaunce him acquitted accordingly; and then the King 
withdrew haftily. There were many prefent, adds Paris, 
that would have done this Lord of Bath's Bufinefs for 
him foon, had not the Lord "John ./kfa;z/*/interpofed, and 
prudently check'd their Fury. My Lords and Friends, 
fays he, I am not againft profecuting him, but it is 
not neceflary at all to be thus in Anger ; perhaps our 
Lord the King, by this Time, repents his thundering 
out this rafh Expreffion : Befides, if you lay violent 
Hands on Henry y behold the Bifliop of London will 
excommunicate you, and his Military Friends may 
revenge his Death.' Thus, in a great Meafure, their 
Fury was appeafed ; and Earl Richard^ with the afore- 
faid Bifhop, taking up the Matter, Things were carried 
with more Moderation againft him. The King being 
afterwards privately informed, that there might be fome 
Gain in the Cafe, and a certain Sum of Money being 
promifed, the Pri loner was releafed both from Death 
and Bondage ; and in a very fhort Time after, on the 
Payment of 2000 Marks, was reconciled to the King, 
and entered again into his Office, as if nothing had 

It does not appear that any Demand of Money was 
made, or any other Bufinefs done at this Parliament. 

In another great Convention of the Eftates of the Anno Regni -6, 
Realm, which met, by Summons, at IVejlminfter^ at 1252., 
the latter End of the Year 1252, and continued, by 
Adjournment, till after Eajler^ in the Year following, 
the Exactions of the Pope on the Clergy of England 
was the great Subject of Complaint; in regard that, be- 
fides his other Claims, he had now demanded a Tenth 
of all the Goods of the Clergy for his own Ufe. The [ 53 J 
Hiftory we quote from does not mention what was 
done to alleviate this Complaint j and only adds that, at 
D 2 the 

2 The Parliamentary HISTORY 

King Henry III. the next Meeting, by Adjournment, a Curfe was de- 
nounced, in the moft folemn Manner, by the Arch* 
A folemn Ex- bifllop f Canterbury, and thirteen other Bifliops, in 
communication Pontificalibus^ againft all and fingular Perfons that fought 
pronounced by to infringe the Liberties of Holy Church, and thofe of 
Parliament' " the Great Char ters. This Ceremony was performed 
againft fuch as before the King in the Great Hall at IPefiminfter ; the 
violate the Great Form of the Sentence, or Anathema, itfclf is preferv'd in 
arters. t k e Annals of Burton, and in one or two more of our 

old Hiftorians, under this Year ; and, no doubt, was 
a terrible Piece of Church Thunder in thofe Days ". 


u We fliall give it in its own Language as follows : 
Anno Gratite M.CC.LIII. tertio Idus Mali, in ihajorl Aula Regia Weft- 
monafterii, fub Prafentia & A/enfu Domini H. Dei Gratia Regii Angliae 
illujiris, & Dominorum R. Comttis Cornubiae Fratris fui, R. Cumitis Nor- 
fochiae fif Suthfochias, Marefcalli Anglias, H. Csmitis Hereford, H. Ccmitit 
Oxoniae, J. Ccmitis Warren, & aliorum Optimatum Regni Angliae, no* B. 
tlivina Miferatione Cantuarienfis Archiepifcopvs totius Anglias Primas, F. 
Londonienfis, H. Elyenfis, R. Lincolnienfis, W. Wigorneufis, W. Nor- 
wicenfis, P. Herefordenfis, W. Sarefbyrienfis, W. Dunelmenfis, R. Ex- 
onienfis, S. Cadeolenfis, W. Bathonionfis, L. Roftenfis, Th. Menevenfis 
ptfcopi, Pontijicalibus indutl, Candelis accenfis, in TranfgrcJJ'ores Liber~ 
tatum Ecchjiajlicarum, & Libertatum : feu liberarum Confuetudinum Regnt 
Angl\x, & prtfdpue earum quts continentur in Cbarta connnunium Liberta- 
tum Regni et Cbarta de Forejia, Excommunicationii Sententiam folemniter 
tulimus fub bac Forna : 

' Audloritate Dei omnipotentis, Patris & Filii, & Spiritus fanli, & glo- 
' riofae Dei Genitricis iemperque Virginis Maria \ beatorum Apoftolorum 
' Petri & Pauli, omniumque Apoftolorum 5 beati Ibofna Arcliiepifcopi & 
' Maityiis, omniumque Martyrum ; beati Edwardi Regis Anglieg, omni- 
' umque Confeflbrum atque Virginumj omniumque fanftorum Dei, Ex- 
' communicamus, Anathematizamus, & a Liminibus fanfli Matris Ecclefias 
' fequeftramus omnes illos qui amodo fcienter & malitiofe Ecclefias priva- 
' verint vel fpoliaverint fuo Jure : Item omnes illos qui Ecclefiafticas Li- 
' bertates, vel antiquas Regni Confuetudines approbatas, & prascipue Li- 
' bertates & liberas Confuetudines, quaa in Chartis communium Liberta- 
' turn & de Forefta continentur, concefiis a Domino Repe Archiepifcopis, 
' Epifcopis, & ceteris Anglic Praelatis, Comitibus, Baronibus, Militibus, 
' & libere Tenentibus, quacumque Arte vel Ir.genio violaverint, infrege- - 
' rint, diminuerint, feu mutaverint, clam vel palam, Falo, Verbo, vel 
Confilio, contra illas vel ea/um aliquam in quocuinque Articulo temere 
' veniendo. Item omnes illoe qui contra illas vel earum aliquam Statuta 
' ediderint vel edita fervaverint, Confuetudines introduxerint vel ferva- 
' verint introduftas, Scriptores Statutorum, necnon Confiliarios, & Exe- 
' cutores, & qui fecundum ea prasfumferint judicare. Qiu omnes & finguli 
' fuperius memorati hanc Sententiam incurfuros fe noverint ipfo Facto, 
qui Scienter aliquid commiferint de praediftis : Qui vero Ignoranter ; nifi 
' commoniti, iuha quindenam a Tempore Commonitionis fe correxerint, 
' & Arbitrio Ordinariorum plene fatisfecerint de Commiffis, ex nuac fint 
hac Sententia involuti. Eadem etiam Sententia innodamus omnes illos 
' qui Pacem Regis & Regni praefumferint perturbare.' 

In cujus Ret Memorials JtmfittnUM Nfi Signs noftra frtefentibut duxi- 


The next Year King Henry went with an Army into Ki "S Senry III. 
Gafcoigny, and there recovered what had been taken 
from him in that Country. During the King's Abfence, L 54 J 
in the Year 1254, another Parliament was held in Anno Regni 3 g. 
London, but it does not appear how fummon'd, tn which 1254. 
came, as fpecial MeiTengers from the King, thefe Noble- 
men, the Earl Marefchal Roger Bygot, and Gilbert de 
Segrave : There were prefent at this Meeting the Queen, 
Richard Earl of Cornwall the King's Brother, the Earl 
of Wincbejler, and all the Bifhops of England, except 
the two Archbifhops, and the Bifliops of Durham and 
Bath, who were with the King in Gafcoigny. The Af- 
fembly being all met, the King's Prolocutor and MefTen- 
ger rofe up and faid, 

My Lords and Friends, 

TN whofe Breaft the King, our Mafter, places bis Con- The Lords Com- 
fidence, nor hath he any other Refuge to fly to but to miffioners Speech 
bis faithful Subjcfis. You all know very well how he has Na 
cxpofed himfelf, with Courage and Con/lancy, to the Dan- 
gers of the Sea, and to the uncertain Fate of Ifar, for 
the Good of his Kingdom. He found abroad the Enemy 
very formidable and ftrong again/I him ; fame Part of 
them he has already fubdued, and the reft he hopes to con- 
quer. The King of Caftile, whom he expetted to have 
found bis very good Friend, a; well as Kinfman, was his 
bittereft Enemy, and proved very unfaithful to him ; to 
whom the Gafcoigners were greatly inclined, and would 
rather have a Spaniard for their King, than their own 
natural Lord ; therefore the King, being in a great Strait , 
demands from you a powerful andfitfficient Aid to ajjijl him. 

Some of the King's Meflengers brought alfo with 
them, as Proofs of the King's Danger, Javelins of 
a monftrous Size, called Quarrels, which were thrown 
from Crofs-Bows ; the Arches of thefe Bows were pro- 
portionably made of fmall Timbers put together, and the 
D 3 Hafts 

M. Paris relates, That at the End of this Sentence, when the Pralates 
oft down their Tafers, cxtinguifhed and fmoking, with this Execration, 
' So may all that incur this Sentence be extinguiihcd and ftink in HcU j* 
the King immediately fubjoined, So help me God, 1 will keep all thefe 
Things inviolate, as I am a Man, as I am a Chriflun, as I afD a Knight, 
' as I am a King crowned and anointed.' 

fA *Tke Parliamentary HISTORY 

King Henry III. Hafts of the Spears, fays our Author, alluding to that of 

Goliab, like a Weaver's Beam. Earl Richard, that he 

[ 55 ] might fet an Example to the reft, fir ft anfvvered, and 

teftified his Steadinefs, fays Paris, very heartily in this 

memorable Saying, ' I, that am more powerful and 

* more obliged than the reft of you, will aflift my Lord 
< and Brother as much as I can, and therefore I will 

* keep, at my own Expence, 300 Soldiers, by the Year, 

* to fight for him.' The Earl of Gloucefter promifed 
alfo an Aid to the King according to his Power; add-' 
ing, ' That he would in no wife help the King to con- 
c quer Countries, but would aflift him againft the King 

* of Gaftile if he aflaulted him.' In this Manner alfo 
Earl Richard couched his Promife, faying, * If Things 

* really be as they are reported.' At thefe Words the 
whole Aflembly took Fire, and difcovering the Snare 
that was laid for them, cried out, ' Oh ! What mean 

* Arts and fpecious Pretences do our Superiors make 
' Ufe of to deceive us ? Hath not the King called the 

* Queen and his eldeft Son and Heir both weak and 
' cowardly, becaufe they do not come to him ? which 

* by no Means they ought to do, if the King of Cajlile. 
c and he are at fuch Variance; he ought rather, if he 

* had them with him, to fiend them back into England as 
e a Place of Safety. Has he not fpoke lately of an ex- 
' traordinary Marriage to be contracted between them? 
c All he fpeaks is a flat Contradiction.' Thus the King 
made himfelf appear faithlefs to all the Aflembly, which 
immediately broke up without doing any Thing, and 
Earl Richard fent an Account of it to his Brother m . 

Anno Regni 38. Not long after this, and in the fame Year, another 

1154. Aflembly of the Nobles was called to meet at London ; 

the Writs fent to the Sheriffs are ftill extant", directing 

At Lonely, (hem to return tv/o legal and difcreet Knights, chofen by 

the reft in each County, to act in Behalf of them all, 

in order to confult with all the other Knights of Shires 

fummoned alfo to appear before the King's Council at 

Weftminfter, and to provide fuch an Aid as they (hould 

be willing to grant to the King in his urgent Neceflity. 

The King, under his Royal Signet, fent an Account to 


A Copy of the Earl's Letter to the King is preferved in the Addna- 
mcnta of M. Paris. 
a Clauf. 38 //. III. m. la. d. m. 7, d. m. 13, d. V. 


this Parliament of his extreme Want of Money, in or- King Henry in. 
der, as he faid, to enable him to withftand the Force of 
a very great Enemy coming againft him. To this he 
was anfwered by all and fingular, fays Paris, ' That [ 56 ] 
they had waited now full three Weeks in London, in 
ExpecTation of feeing Earl Richard, and the reft of the 
Nobles who were gone over to the King into Gafcoigny, 
and that they were fo often grieved with thefe Exac- 
tions, that they could not live under them : That they 
would not refufe to go to the King's Affiftance in Per- 
fon, if they were better aflured that the King otCaJiile 
was coming againft him as an Enemy; tho' they could 
not but wonder, that when Simon Earl of Leicejler 
went into Gcfcolgny and fubdued a great Party of Re- 
belsi that the fame King of Cafllle did not at that Time 
aflift them, in Oppofition to the Intereft of England* 
With thefe and many more fuch Reafons as were 
urged in the laft Parliament, as well as being told the 
real Truth by Simon Earl of Leicejler, who was then 
come back from abroad, the Nobles, fays Paris, efcap'd 
the Snare laid for them. This fubtle Vapour, adds he, 
was faid to arife from the ftinking fulphurous Spring of 
Poiftevin Counfels; and the Nobles, with great Indigna- 
tion, tho' very forrowful at thefe Proceedings, retired. 

It appears, by the Courfe of this Hiftory, that the 
Barons were right in their Conjectures about the King 
of Cajlile, and that he was no fuch dangerous Enemy as 
Henry reprefented ; for, very foon after this laft Meeting, 
a Marriage was actually confummated betwixt Prince 
Edward, the King of England's eldeft Son, and the 
Princcfs Eleanor, Sifter to this Alpbonfus King of Cajl'ile^ 
&\~. The Spani/h King gave up all Title whatfoever 
that he had to Gafcoiony ; and Henry fettled that Pro- 
vince, with all Ireland and Wales^ &c. upon his Son 
Prince Ediuard on the Marriage. 

In the fucceeding Year, 1255, about Eafter^ foon after Anno Regni 3$ 
the King's Return from abroad, another Parliament was "55. 
called to meet at London. Paris writes, that there never 
was feen fuch a Number of the Nobility, both Ecclefi- At London^ 
aftics and Seculars, as were met together at that Time. 
The King acquainted them with the great Debts he had 
contracled, and that without their Affiftance he could 


'$6 The Parliamentary HISTORY 

King Henry III. not difcharge them, and therefore, with much Earneft-* 

nels, demanded a pecuniary Aid for that Purpofe . 
[ 57 ] This Parliament proved full as refolute againft the; 

King as any of the former. They began with recount- 
ing old Grievances ; and withall demanded that the Chief 
Juftice, Chancellor, and Treafurer, might be chofen by 
the Common Council of the Kingdom, as had been 
juftly and antiently ufed j. and lilcewife that they might 
not be removed but for the moft apparent Crimes, and 
by the Deliberation and Confent of the whole Kingdom. 
Concluding with this extraordinary Expreffion, c That 
' they ihoujd never be able to bind their Proteus of g. 

* King, without he granted all that they demanded/ But 
this the King refolutely refufed ; on which the Barons 
declared that Bufinefs fhould be deferred untill the Mi- 
chaelmas following j and this Council adjourned them- 
felves to that Time. 

Anno Regni 39. The fame Year, on the Feaft of St. Luke> the No- 
ia 5S- bility of the Kingdom met again, by Adjournment, at 
Weftrninjler. Here the King firft attacked his Brother 
Ri c h arc i^ ar i o f Cornwall, and earneftly preffed him to 
give him an Aid of Money ; to whom the Pope alfo had 
wrote, requiring him to lend his Brother 40,000, (with- 
out faying whether Pounds or Marks) that he might fet 
a pious Example to others. But Richard regarding hi,s 
Money more than either his Brother's Wants or the 
Pope's Letters, and being vexed at him for going into 
jfpulia, wheedled thither by Italian Artifices, without 
the Confent of him or his Baronage, fairly refufed him 
the Loan p . And when the King moved the Matter 
to the reft, they replied, * That, at that Time, all had 
' not beeq fummoned according to the Tenor of their 

* Great Charter, and therefore they would then make no 

* Anfwer, or grant any Aid without the reft of th,e Peers.* 
This Parliament, fays the Monk, by many fictitious De- 
l a y s > was continued a Month, whiHHhe Nobles were 
emptying their Purfes at London ; and then returned home 
without doing any Bufinefs. 


o. The Annals, of Burton call the Aid that the King demanded at this 
Meeting HCRNGELTH ; which Skinner defines fributum dim fro cornutit 
Jtnimalibus in Regis Sal:u pajiis fendi folitum j ab A. S. HORN Cornu, tt 
GILD Sotutio. Skinner's, Etymjlcg. 

p Matt. Parii relates, that this Earl's Treafure was fo great, that he 
could fpend 100 Marks every Day for tea Years together. 

of E N G L A N D. 57 

In the Year 1257 another Parliament was called to King Henry in. 
meet at Weftminjhr, about Rafter, in order to treat of AnnoRe g ni4i. 
the Bufmefs of Apulia *. To this Meeting, fays Paris, 1257. 
came fuch a Multitude of Perfons, of all Sorts, that Lon- At ^? w /^ r . 
don fcarce could contain them. It feems that the Crown 
of Sicily, and fmall Territory of Apulia, in Italy, had 
been offered to Prince Edmund, the King's fecond Son, 
by the Pope the Year before, provided the King would 
recover Sicily from the Hands it was then in. This had 
been refufed by the States, as a foreign Country not 
worth the Trouble and Expence of recovering r ; and 
Apulia now was rejected in the fame Manner, though the 
King came in Perfon to this Parliament with his Son 
Edmund, clad in an Aputian, or Italian Habit, fays Pa- 
ris, in order to induce their Compliance. In this Par- 
liament Richard Earl of Cornwall, the King's Brother, 
took Leave of the Peers, and foon after fet out for Ger- 
many to be crowned King of the Romans ; to which Dig- 
nity he had been elected fome Time before. 

The Year following, 1258, and about the fame Time, Anno Regni 41, 
a Parliament was again fummoned to meet at London. 1Z 5 8 - 
The King was prefied by the Pope on the Subject of 
Apulia, for it feems he had fent a Kind of a Legate to de- 
mand the Money which, upon the King's Requeft, he 
had obliged himfelf to pay to the Merchants for that Bu- 
fmefs The King demanded a very large Sum to clear 
himfelf of this Matter, which the Barons ftiffly denied 
to aflift him with : And in this Parliament there arofe 
great Heats and Contentions between the King and 
the Barons, who made great Complaints againft him. 
They faid that he flighted the Keys s and Power of p - 
the Church, and did not obferve the Tenor of his L 59 J 
Great Charter ; that he had raifed to Dignities and 
Riches his Half Brothers, againft Law and Right, as 
if they had been the natural People of the Land, and 
would not fufFer any Writ to iffue out of Chancery 
againft them : That although the Pride of his Brothers 


<3 Apulia is a Difhift in Italy, now calPd Puglia. 

r The Reafons of the Peers for rejecting this Propofal are drawn up by 
Dr. Brady, in his corr.plete Hiftory of England, Vol. I. p. 616, from the 
Annals cf Burton. 

* The Anathema, denounced in Parliament againft the Violators of 
MACNA CHARTA, [See before p. 52, 53.] was confirmed by the Bull of 
vtf IV, the Year following, Annah of Eurtcn, p. 331. 

58 The Parliamentary HISTORY 

King Henry III, < and other Poiftevins was intolerable, yet William de 
' Valence exceeded them alK' Simon Montfort, Earl of 
Leicefter, taking Advantage of thefe Difputes, com- 
plained aloud, not to the King, but to the whole Aflem- 
bly, ' Calling for Juftice ; and charged the King with 

* promoting and enriching Strangers, defpiiing and wa- 
' fling his own People, to the Subverfion of the whole 

* Kingdom ; by which Means he became unable to re- 

* pel the Injuries of fo inconfiderable a People as the 

At this Parliament it was that the King, coming into 
the Houfe, found all his Barons in Armour, and with 
Swords by their Sides. They laid them by, indeed, when 
he entered ; but the King being much furprized at this 
ftrange Sight, afked them, with fome Emotion, what they 
meant by it, and if he was their Prifoner ? Roger Bygot 9 
a Man tif great Warmth and Infolence, anfwered. No; 
but that they were determin'd to have all PoiSievins and 
Strangers banifhed out of the Kingdom : Upon which 
great Heats and Debates arofe, and continued for fome 
Time, when the Parliament was adjourned to be holden 
at Oxford on the Feaft of St. Barnabas following : But, 
before the Adjournment, the Barons promifed the King, 
That if he would reform the State of the Kingdom, ac- 
cording to their Advice, and the Pope would make the 
Conditions about the Affair of Sicily, &c. more eafy, 
fo that it might be profecuted with Effect, they would 
then endeavour to procure him a commota Aid, or 
Tax, for that Purpofe.' The King agreed fo far, that, 
before Chriftmas next coming, the State of the Kingdom 
ihould be rectified by them and the Pope's Legate, if 
in England ; and, for the Performance of what fhould 
be ordained, he put himfelf into the Pope's Power, fo as 
he might compel him to it, which Way he pleafed, by 
Ecclefiaftical Cenfure ; and to this he made his Son 
Edward fwear that he would obferve and keep what he 
had granted. 

At the fame Time he likewife granted to the Barons, 
that the State of the Kingdom fhould be rectified and re- 
formed, by twelve faithful Perfons of his Counci-1 then 
chofen, and twelve others to be chofen by the Barons, 
who fhould meet at Oxford, a Month after Wbitfunday 
lext coming, to do every Thing that they fhould fee fit 


fo the Honour of God and the Good of the Kingdom. King Henry llj. 
The King promifed inviolably to obferve whatsoever f 60 1 
fhould be ordained by thofe Twenty- four, or the Ma- "" 
jority of them, under fuch Security as they fhould direct. 
He made his Son Edward fwear alfo to thefe Articles, 
and that he would inviolably keep and obferve them ; 
whereupon, fays Paris, the Earls and Barons, on their 
Parts, promifed to endeavour that the Parliament fliould 
grant him an Aid f . 

Thefe Twenty-four had Power to elect four that were 
to chufe the King's Council, which was to redrefs and 
amend all Matters appertaining to the King and his 
Kingdom ; and the Council, or the greater Part of it, 
was to chufe one or more in the Place of fuch as fhould 
make Default, eJV. u . 

On the Feaft of St. Barnabas all the Great Men and Anno Regnj 42} 
Nobles arrived at Oxford^ according to their Adjourn- 
ment, but came attended by all fych as owed them Mi- 
litary Service, which made it feem as if they expected At 
ibme extraordinary Enemy to deal with. They fought 
to cover this Proceeding, however, by faying, That they 
came thus armed, in order, afterwards, to go and attack 
the King's Enemies the Weljh : But their true Reafon 
was for Fear of the King's Half Brothers and the Pole- 
tevins drawing them into a Snare. However, Matters 
went better than they imagined, for, in this Parliament, 
all the Elections mentioned before were made ; and the 
Twenty-four chofen to amend and reform th,e Kingdom 
were, firft, thefe w : 

For the KING. For the BARONS. 

1. TheBifhopofZ0//0. I. The Bifhop of Wor- 

2. The Bifhop Elect of cejler. 
jyincbcfter. 2. Simon Montfort, Earl 

3. Henry ^ the King's Ne- rfLeiceftcr. 

phew. 3. Richard Earl of Glou- 

4. John Earl of Warren. cejler. 

5. GUI do. 

t The King's Declaration, that he would fubmit to fuch Regulations in 
the State as twenty-four of the Barons fhould agree upon, is printed in Ri- 
mer's Iced. Vol. J. p. 655. 

u A Copy of this original Agreement in French, is printed in Dr. Brady * 
Appendix, Vol. I. N. 190. 

w The following Lifts, &V. are preferved in the Annals of Burton ; 
Inter Hift. Ang Serif t, V, Fek Oxon, 1684 j and copied from thence by 
Dr. /-.;/), 

Parliamentary HISTORY 

King ff*r. III. 'FortheKlNG. 

5. Guido de Lufignan. 

7. JobnE.M\oWaru)ick. 

8. Lord John ManfeL 

9. Friary^Aw de Derling- 

For the BARONS. 
Humphrey Earl of /fc- 

RogerE*T\ of Norfolt, 
and Earl Marefchal. 
Lord Roger Mortimer. 
Lord J0/.> Fitz-Geof- 

Hugh By got. Brother 
to the Earl Mare- 

Lord Ri char dde Gray. 
Lord William Bar- 

Lord P^r Monifort. 
Lord //#/,? Defpenfer. 

Thefe Twenty-four chofe four of their own Number, 
who were to name the King's Council ; and were thefe, 


/0. 7. 

10. The Abbot of /Tc/?- 
minjler. 8. 

11. Henry de Wengham, 
Dean of St. Martin'^ 
London. 9. 

The 1 2th omitted; but 10. 
fuppofed to be either the 
Abp. of Canterbury, Pe- n. 
ter of Savoy, or James 12. 

The Earr of Warwick. 
John Manfel. 

Roger Ear! Marefchal. 
Hugh Bygot) his Brother. 

Thefe four named the King's Council, who were fif- 
teen in Number. 
j. TheAbp.ofCtf/<?r#ry. 

2. The Bifhop of Worce- 

3. The Earl of Leicejler. 

4. The Earl of Gloucejter. 

5. The Earl Marefchal. 

6. Peter of Savoy, Earl of 


7. The Earl of Albemarle. 

10. John JWanfeL 

1 5 . 

John Fitz-Geoffry. 
12. Peter Montfort. 
1 3. Richard de Gray. 

Roger Mortimer. 

James Audley^ or Aldi- 


The Noblemen that compofcd the Grand Committee 
of Twenty-four "demanded of the King, 

4 Fir/I, His Confirmation of the Charter granted by 
King John^ his Father. 

* Secondly* They requir'd fuch a Judiciary to be con- 
flituted as would do Juftice to fuch as fuffer'd Wrong, 
as well to the Poor as the Rich. 

* Thirdly, That they fhould chufe the Judges, Chan- 
cellors, Treafurers, and other Officers and Miniflers, 
from Year to Year, for ever. < Fourth!- 

^/ENGLAND. 61 

* Fourthly, That they themfelves, or Friends, fhould King Henry lit, 
have the Cuftody of the King's Caftles. 

c Fifthly ) By Edicl, they made it Capital for any, of 
what Degree or Order foever, to refufe to confent to 
thefe Things ; and againft fuch the Archbifliops and 
Bifhops alfo pronounced Sentence of Excommunication.' 

Thefe Twenty-four alfo ordained, That there fhould 
be three Parliaments in a Year, and when and how they 
fhould be holden. This Order, tranflated from the Ori- 
ginal French* is as follows : 

BE IT REMEMBERED, That the Twenty-fiur 
have ordained^ That there Jhall be three Parliaments in a 
Tear ; the firjl, on the Odtaves, or eight Days after St. 
Michael j the fecond, on the Morrow after Candlemas- 
Day ; the third on the firft Day of June j that is, three 
Weeks before St. John. To thefe three Parliaments Jhall 
come all the chofen Councilors of the King, whether fum- 
jnoned or not, to provide for the State of the Realm j and 
to treat of the common Buftnefs of the Realm, when Need 
/hall be, by the Command of the King, or by his Summons. 

The whole Community then chofe Twelve Perfons 
to reprefent them in thefe Parliaments, &c. to fave the 
Charges of the Community. The Entry, or Record, 
of which Election was to this Purpofe: 

BE IT REMEMBERED, That the Community have 
chofen Twelve wife Men to come to Parliament s, and at 
other Times when there /hall be Need, when the King and 
his Council /hall command or fend for them, to treat of the 
Bufmefs of the King and Realm, and that the Community 
will hold for ejlablijhed what the Twelve Jhall do, and r 5 -I 
this Jhall be done to f pare the Cojl or Charges of the Com' ! 3 J 

Which Twelve Probes Hcmmes, Viri probi vel pru- 
denies, as the Record has it, were entered in this Form: 
Thefe are the Twelve which are chofen by the Barons^ 
eflu par lez Baruns, to treat in the three Parliaments in 
a Year, with the King's Council, for all the Commons, or 
whole Community of the Land, pur tut le Commun de 
la Terre, upon public Bujinefs. Their Names were 
thefe ; 

The Bijhop of London, Philip Baflet, 
The Earl of Winchefter, John Baliol, 
The Eprl of Hereford, John de Verdun, 


62 be Parliamentary tiisToftV 

Kiflg Htrry in. John de Gray, Hugh Defpenfer, 

Roger de Sumery, Thomas de Grefley, 

Roger de Montalt, ./Egidius de Argenton ". 

Many other Provifions were made in this Parliament 
about Feudal Tenures, Cuftody of Wards, Marriages, 
and Efcheats ; about Suits to the King's Courts be'fore 
Juftices Itinerant, County Courts, Hundred Courts, 
Sheriffs Turns, Writs of Right, Wafte ofEftates in 
Cuftody, Taking off Diftrefles, &c. all in Abatement, 
adds Dr. Brady, of the Rigour of the Feudal Law, and 
for their own Eafe and Benefit p . 

All this was done, and Com millions for the Govern- 
ment of the King's Caftles were iflued out in eleven 
Days Time, as appears by the Record of them, printed 
in Dr. Brady's Appendix, N. 191, 2, 3, which, for 
their extraordinary Tenor, are worth the Obfervation 
of the Curious. 

The laft Thing the Barons went upon in this Parlia- 
ment, after they had gained fuch large Conceffions from 
the King, was to think of an Aid for him. Accord- 
ingly the whole Body of them chofe twenty-foor Per- 
fons who were to treat, feparately, of this Affair ; the 
I 64 ] Names of whom are preserved in the Annals, before 
quoted, and are as follow : 
The Bifhop of Worcefter^ John de Gray, 
The Bifhop of London, John de Baliol, 
The Bifhop of Salisbury, Roger Mortimer, 
The Earl of Leicejhr, Roger de Montalt ', 

The Earl of Gloucejier^ Roger de Sumery 9 
The Earl Marefchal, Peter Montfort, 

Peter of Savoy, Thomas de Grefley ^ 

The Earl of Hereford, Futco de Kerdijlon, 
The Earl rtA&tmarle, Mgidius de Argenton- 
The Earl of Wincbejler, John Kyriel, 
The Earl of Oxford, ' Philip Ba/et, 
John Fitz-Geoffry, Mgidius de Erd'ington. 


Dr. Brady obferve?, That thefe Twelve and the King's Council were 
nly to be prelcnt in thefe Parliaments : That they were all Barons and 
great Tenants in Capita j not one Cotr.mdner, fuch as are now lo reputed, 
being amongft them. 

fridcAnnal. Button, p. 414, & c . clauf. 44 H. III. m. 17 dor. The 
oils of Parliament begin with this Convention, or Parliament, and the 
Prov.fions about Feudal Tenmes, n all the Articles lecited above in the 
lost, are eatred theie, 

*f N G L A N D. 63 

feut Matthew Paris writes, That inftead of granting King Henry HI, 
6r providing an Aid for the King, now when they had 
got their own Turn ferved, they fought to diftrefs him 
more, by driving his Brothers from him. The Names 
of thefe Uterine Brothers to the King > were Ademar* 
or Atbelmar, Elect Bifhop of Winchefter, Guy de Lu~ 
fignan, and William de Valence ; nor were they well 
pleafed with the Behaviour of Prince Edward, his Son, 
"John Earl of Warren^ and Henry, his Nephew, Son to 
the Kkig of the Romans, who had all boggled at the 
Afibciation Oath which the whole Community of them 
had taken. The Form ofrfhis Oath to be taken by the 
whole Body, the Oath of the Twenty- four, with thofe 
of the Chief Juftice and Chancellor, may be feen in their 
original Language in the Annals of Burton, p. 41 3, tranf- 
iated by Dr. Brady in his complete Hiftory of England) 
Vol. I. p. 629 j and are therefore unneceflary here. 

Thus ended this famous Parliament at Oxford, in the 
Year 1258-9, which afterwards got the Name of Par- 
Uamentum Infanum, or the Mad Parliament; becaufe, L "S J 
fays an Hiftorian, many Things were there enacted which 
caufed the Death of feveral of the Nobility afterwards. 
We (hall not flop to make any Reflections on the Con- 
duel: of either Party, our Readers are at Liberty to judge 
for themfelves ; but whatever Conceffions the Barons 
wrefted from the Crown, at this Meeting, they quickly 
loft again by their too-violent Proceedings. 

Nor were the Barons that were added to the King's 
Council, by thefe Provifions, over hafty to execute their 
Part of this folemn Agreement. We find that the Year 
after, 1259, whilft the King was keeping the Feaft of 
St. Edward, at Wejlminjler, in a very grand Manner, a 
Deputation from all the Batchelors y, or young Men, of 
England, came to Court and reprefented to Prince Ed- 
ward, the Earl of Gloucefter, and others of the Council, 
fworn at Oxford, ' That the King had actually and to- 

q Thefe Princes were the Children of Jfalel the King's Mother, after 
the Death of King Jckrt, by Hugh Ic Brun, Earl of March, to whom fhe 
had been contracted before her Marriage with John. Mat. Weft. An. 1 2 58. 

M. Paris writes, That there were 20,700 Founds and 30,000 Mark 
fpent on the King's Half Brothers. He begged fome that told him- of this 
to fay no more : Ob, for the Head of Cod, his Oath, fay no more of it, 
Itjl tbe -very Relation make Mm luonder and ftand amazed, 

/ Community Bacbelari* Angli*. Annal, Mtnafl t Burton, p. 427, #? 

64 We Parliamentary HISTORV 

King Henry III, c tally f u ifiii e d and compleated all and fmgular 

* Obligations,^, which the Barons had impofed on him 
' at Oxford; and that the faid Barons had done nothing 

* on their Parts for the Good of the Public, as they had 

* promifed, but only minded their own private Interefts, 

* and had every where diftrefs'd the King's Affairs; and 
c that, if this was not fuddenly amended, they would fee 

* it reformed fome other Way.' To which the Prince 
immediately anfwered for himfelf, ' That as he had un- 

* willingly taken a certain Oath at Oxford, yet he was 

* ready, on his Part, to enforce the faid Oath, and to 

* venture his Life for the Commonalty of England, and 

* the general Good, according to the Tenor of the faid 

* Oath.' Then, turning to the Barons of the Council, 
he told them, ' That unlefs they would immediately ful- 

* fill the faid Oaths, he would himfelf ftand by the Com- 

* monalty, even to Death, and force them to it.' The 
Barons finding, at length, that they could not avoid 
making good their Promifes, and chufing, adds our Au- 
thority, rather to do it of themfelves than be compelled 
to it, publifhed the Body of Laws, called Provijiones 

[ 66 ] Thefe Laws in the French Tongue are contained in 
nineteen Articles, but are much too long to infert in 
our Hiftory. The Conclufion of them runs thus : 
The Barons Pf 'fhefe are the Purveyances and Eflallijhments made at 
vifions. Weftminfter, in Parliament, by the King and his Council^ 

and the Twelve, chofen by common Affent of the whole 
Community of England, which were then at Weftminfter, 
in the Tear of the Reign of Henry, the Son of King John, 
forty and three. 

The National Bufinefs went on under this Form of 
Government for fome Time : The Barons having dri- 
ven the King's Brothers and all the Poiclevins clear out 
of the Kingdom, and excufed the Matter, as well as they 
could, to the* Holy See, in a fubmiffive Letter to^the 
Pope for that Purpofe, thought now they had the King 
and Kingdom intirely to themfelves, and might rule 
both according to their own Will and Pleafure. But 
the King's Affairs were not in fo bad a State as they 
imagined ; the King of the Romans, his Brother, came 
over to his Afliftance ; who, with Prince Edward, and 
marfy Nobles more, maintained the Royal Caufe ; whilft 



E N G L A N D. 

Simon Montfort, Earl of Leicejler, at the Head of the King Hwy HI, 

other Barons, endeavoured to fupport the Oxford Pro- 

vifions ; which occafioned the wafting and burning each. 

other's Caftles, Lands, and liftates, all over the King- 

dom. However, by the Mediation of the Queen, a 

Treaty was fet on Foot, and Matters were fomewhat 

accommodated betwixt the King and his Barons j but 

it did not laft long ; for Henry defpairing to gain any Aid 

from them, and willing to (hake off the Yoke they had 

irnpofed en him at Oxford, fent to the Pope for an Ab- 

folution from the Oaths he had taken on that Occailon. Jj ie p ? pe * t "' 

, ,,, T1 i r> CL j i i_r i , folves the King, 

1 he Pope grants his Requeir, and not only abfolved & c f rom t h 
the King, but all others who had taken Oaths for that Oaths taken to 
Purpofe, giving for Reafon, that, by this Diflblution of fu PP ort ****** 
all that had paffed, they might fooner come to an Ac- 
commodation a . 

Upon this the King calls another Parliament to meet Anno Re s ni 47* 
again at Oxford, according to M. Paris -, but the Re- 
cord fays at J^ejlminfter, about the I2th of June this AtOxforfa 
Year b . Parliaments, indeed, are frequent, but very 
confufed about this Time ; and well they might, when 
this was held juft on the Brink of a Civil War between 
the King and his Barons. But it is fomewhat ftrange, 
that neither in the Record of this Parliament nor the 
former, there is any Mention made of thefe Feuds and 
Animofities, nor is there one Word relative to the 
Oxford Provifions in them. This, like the former 
Meeting, chiefly tending to regulate fome Matters in 
the Common Law, fuch as Suits in Lords' Courts^ 
Sheriffs' Turns, Judges itinerary, &c. The Records 
themfelves being thus filent in the more public Affairs 
of the Nation, we muft have Recourfe to the old Hi- 
itorians of thefe Times, who tell us, That at this pre- 
ient Meeting the King propofed to his Nobles, That fince [ 67 ) 
both be and they bad all been too warmly drawn in to make 
the former Provifions, and fince the Pope had abfolved 
both him and them from their Oaths taken on that Occa- 
fion, he hoped they would take hold of the Benefit of that 
Absolution, &c. and let all 1 hings be rejlored to their an- 

VOL. I. E tient 

a The King's Declaration that he is abfolved from his Oath, and does 
not think hi mil-It" under any Obligation to obfcrvr thi- Regulations made by 
the i.irori8 at Oxford, is piinted in\ Fctd. Vol. 1. p. -46. 

> Pat, 47 //, 111, m. i. in fchedula dorf, 

66 The Parliamentary HISTORY 

King Henry ill. f' ien f Ufage. The Lords c , who were prefcnt at this 
Meeting, unanimoufly replied, for themfelves and their 
Followers, * That the Provifions which were made, 

* and which they were bound by Oath to keep, they 

* were refolved to adhere to, to the End of their Lives; 

* looking upon them to be equally conducive to the 
Good of the King and Kingdom.' Whiltt thefe 
Things were going on to an open Rupture betwixt the 
King and his Barons, fome Bifhops interpofed, who, 
with fome other common Friends to both Sides, brought 
Matters fo to bear between them, that the Decifion of 
the whole Affair was left to the Judgment of the King 

The King of o f France. Some Time after, in the fame Year, the 
Se'SIrSTpro- Frmch Kin S callcd a Parliament of his Bifhops and 
vifions. Nobles at Amiens ; where, deliberating gravely on this 

Bufmefs, he at laft gave Sentence for Henry againft the 
Barons, difannulled the Oxford Provifions, and reflored 
his Brother King to his priftine State. But Simon Mont- 
fort, Earl tfLeicefter, taking an Exception, ' That he 
did not hereby abrogate King John's Charter, declared, 
That the Provifions were founded on that Charter, and 
therefore he would not fubmit to the French King's 
Sentence d .' 

The Civil War now broke out with Violence, the King 

being very unfortunate at the Beginning of it ; for not 

long after happened the Battle of Lewes in Sujfex, where 

the King's Army was routed, and he, with his Brother 

[ 68 ] Richard., King of the Romans, were taken Prifoners, 

The King taken W ' tn man y Barons. This Battle W3S fought May 14, 

Prifoner at the 1264. M, Weftminfter writes, That King Henry had a 

Battle between Horfe killed under him in it e . 

him d thcBa- And now Montfort^ having the King in his Poffeflion, 
did with him as he pleafed ; he caufed him to fend out 
Commiflions to conftitute and appoint Keepers and 
Confervators of the Peace in all the Counties of England. 
And in the Body of thefe Commiflions there was a Pre- 

c Henry Knygbton has given us the Names of fome of the Lords that 
compofed this Meeting, vix. Simon Earl of Leiccjicr j Gilbert d- Clare, Earl 
vfGlouceJler; Humphrey do Bobun, |un. Earl Ferrers; amongft the Barons 
were > Fhvjobn. Henry de Hajlings, Geoffry Lucy, John l^Jcy, jun. 
JV*MU de Stgr***, Hugb k Sper.fer, and Robert Kpont. Deccin Script. 
H. A. col. 2446. 

d The Award of Lewit the French King, between the Enrlilb Kine 
and his Barons, is alfo in Kymer, Vol. I. p. 7-6. 

c Rex Anglix, Ejuo tlcfiijjimv f u b ft u*fo/o, captus cj! t 

^/ENGLAND. 67 

cept directed to every one of thefe Confervators, to fend King Hetty m, 

four of die moft legal and difcreet Knights, of each 

County, to be chofen by the AfTent of that County, to 

ferve for the whole, to meet the King at London j to be 

there on the Octaves of the Holy Trinity at fartheft* 

to treat with the King, his Prelates, Great Men and 

others, about his own Bulinefs, and the Bufinefs of the 


As this is the firft-Time we can, with Certainty, Anno Regni 48^ 
find when the Gentry or Commons of England were ia ^' 
called to Parliament to confult with the King, the Bi- 
fhops, and Barons, on the State of the Kingdom, it 
\vill not be amifs to be a little particular about it. Tho* 
indeed it will be in vain to expect to find any Traces 
of the antient Englijh Conftitution of Parliaments trom 
a Convention, fummoned at the arbitrary Will of a 
Rebel, compofed of fuch as would beft ferve his Pur- 
pofe, none elfe being called to it ; for King -Henry was j[' m JJ*^[J e 
then in Cuftody of the Earl of Leice/ter, and under his Commons to 
Power; Richard, Kins; of the Romans, a Prifoner in the Parliament, in 
Tower ; their two eldeft Sons Prifoners and Hoftages J^"* 8 ' 8 
in Dover Caftle ; the Barons that adhered to the Royal " 
Caufe, for that Time fubdued ; fo that the whole Power 
v of the Kingdom was then in the Earl of Leicefter and his 
Abettors f . It feems the Earl and his Friends had 
projected a new and ftill a ftronger Scheme for the Re- 
formation of the Government, and they feemed to want 
the Confent of the whole Nation to give it a -Sanction ; 
for which Reafon thefe four Knights, to be chofen out 
of each County, were firft thought of. Dr. Brady and 
other Writers, on the Side of Prerogative, call this an 
Innovation of the antient Cuftom of fitting in Parlia- 
ment, and abfolutely deny that the Commons were [ 69 3 
ever called before. The Doctor fays, That the Scheme 
of Government here invented was no lefs than to un- 
king the King ; and there was an Inftrument ready v 
drawn againft the Meeting of this Parliament for that 
E 2 Purpofe. 

f Mr. Rymer has taken Care to diftinwifli the Afts of State the King 
was obliged to make during his Captivity, fo as to be eafily known from 
tin: others, from p. 790 to 815. f'xdera Ai'.g* Tom I 

In the Parliament Rolls, Rot. Pat. 48 H. 111. m. 2. dorfo N. 14, 
tiicic is an Abftral in trench, but without any Date, of an AwarJ fii.i t.- 
be made by the King, the Prelates, Earls, and Barons, only, of the Land, 
de la Terre, giving Satisfaction to Holy Church, for divers Depredations 
maJe upon her Territories during thefe Troubles, 

68 The Parliamentary HISTORY 

|Ung Henry III, Purpofe. The Inftrument itfelf is printed in Dr. Brady s 
Appendix*, and an Abftract given of it in his Hiftory h , 
to both which we refer thofe that will concern them- 
felves in the Controverfy. It is, however, undeniable 
that, if this Form of Government had taken Effect, the 
.Regal Power would have been entirely eclipfed, and the 
.King in a worfe State of Vaflalage than the meaneft 

On the other Hand, Mr. Prynne and Mr. Petyt are ftrc- 
jmous Advocates for the Rights of the Commons offing* 
land ; aflerting, That they were always confulted from 
the earlieft Account of Government in this Ifland. But, 
as we have touched upon this Controverfy in the Exor- 
dium to this Work, we {hall content ourielves, and we 
hope our Readers, with noting that the Arguments on 
both Sides are beft drawn up by the aforefaid Dr. Brady * 
and Mr. Petyt k , to which we refer. Obferving farther, 
That we fhould have been glad to have cleared up this 
Matter on the Side of the Commons in the former Part 
of this Work, had we but met with any authentic Te- 
ilimony of it from the Conquefl to this Period. 
To : proceed then with our Hiftory. - 
It cannot be amifs, in this Part of it, to give our 
Readers, at Length, the Form of the Writ of Summons 
directed to the rcfpeftive Prelates, Abbots, Priors, and 
Barons, .which were to conftitute this Parliament ; as 
alfo the Subftance of the Precept direded to the Sheriffs 
for the eleaing the Knights, Citizens, and Buries, 
that were to fit amongft them ; for it does not yet appear 
that the latter made then a feparate Houfe, or adted as 
fuch. This then being the firft Precedent we have upon 
I 7 J Record of a Parliament, conftituted as at this Day, a 
Copy of the Summons from the Feeder a Anglican* de- 
ferves particular Notice '. 

8 NO. a , 3 . Pat< 48 H> Ult m 6 ^ foi 
h P. 643, 644. 


k Petyt'i Jut Parl-ametiiarim. Fol. London, 1734. 
J Ad Cenfultandum cum eodcm Simone Re-gem captiwm ducentc, 
&$, nonnull, Baron,*, Abbatvm, & Prfcrum inaudva turba n 

cant T rf mifat!iS & B " r Z" fW'1*' fd<Bi <**& . 
cantur, p er k* Si^noms mandatum, in N 9K i K Regit, 


0f ENGLAND. 69 

It does not appear that this Parliament, fo called, K ng H*ry in, 

with the Commons included, who were to fit to do Bu- 

finefs, on the 2ift of 'January , 1264, at London^ did 

ever meet for that Purpofe : It is probable the inteftine 

E 3 Troubles 

Henricus, Dei Gratia, Rex Anglise, Dcminus HibenxJz, & Dux Aqui- 
tanis, ytneraotli in Cbrijlo Patri R. tadem Gratia, Epifcepo Dunelmtnfi, 
Saint em 

Cum, pofl gravia. Turbatianum Difcrimina dudum babita in Regno noflro t 
Cbarijjimut friiui Edw rd'is, PrJmogenitus nofler, pro Pace in-Rcgno noflro & frmanda obfes traditui cxtiriJJ'et ; & jam Jedata (Bencditlus 
Deus)Turbatione prtedilJayfuperDeliberationc ejufdcmfalubriterprowidendat 
& plena Secuniate & "TrarquiUitate Paa's ad Hznorem Dei & Utilttater* 
to'.iu: Regni noftri frmanda & totah'ter cotnplenda j ac fuper qvibufdam aliis 
Rfgni noftri Ncgo-tut, qua Jine Conjilio -vcpro & alioritm Pra:latorum& Mag- 
natitm ncjirsrutn nolurr.u* expediri, cum eifdem Trafiatum babere nt-> of/, 

Vabii Mandamus, rogantes in fide & DileElione quibus nobif;, quod t 
crxni Occafione psftpojita & A'egotiis aim prxtermijjis Jttis ad noi London' in 
Of! ali s Sanfti Hilarii pnxime futurit 5 nobifcum & cum pradifiit Pralatis 
& Magnatibui noftrit, quo* ibidem-vocari fecimus, fuper pra?m:jfis traff atari 
& Conjilium impenfuri : Et hoc, Jicut Nos & Honerem no/irum & ve/frum, 
enon & ctunmunemRegni noftri 'Iranquillitatem diligitis, nullatenittomittatis, 
Itfle Rege apud Wigorniam, 14 Die Decembris, 

Eodem Mcdo Mandatum tjt 

Epifcopo Karliolenfi, Abbati S, Mariz Eboraci, Pricribus Dunclmenfi, 
& S.'Tiinitatis Eboraci, Abbatibus de Seleby, Fumes, Fontibus. Rvevalle, 
Mclla. Rupe, Bella Landa, Prioribu* de Bndlington. & S. Ofwaldi, Ab- 
tati de Ruftbrd, Prioribui de Blyda, Thurgarton, & Carleolenfi, Abbati 
de Whiteby, Priori dt Guifeburn, Arcbiefijcopo Eboracenfi, Priori de 
Parco, & Decano Eboracenfi. 

Eodcm Modo Mandaturr. eft fulfcriplis, -vix. 

Epifapii London. Winton, Exon. Wygorn. Lyncoln. EIn. Sarum, 
Covent. & Lich. & Ciceftren. ElecJo Bath. & Welles, Decants Exon. dt 
Welles, Sacum, & Lyncoln. 

In Fotma pra-diffa fcriiitur Albatibui f Prior ilus fultfcriftii 
Jub bac das a, 

Tfjle Rcgt apud Woceftocke vicejimo quarto Di 
jSbbatibus Sanfti Edmundi, de Waltham, & de Sano Albano, ElecJo dt 
Evefham, Mbatibut Weftmonafterienfi, Glaftonenfj, de Reding, de Ciren- 
eefter, & de Waverle, Prhrilw Elienfi, Norwjc. & de Merton. Abbott 
tit Ofeney, Priori S. FridefwHa: Oxon. Abbari de MefTenden, Priori de 
Lcnton, Abban d: Bello, Prioribui Qrdinis de Sempringham, de Walton, 
& Holpitalis S. Johannis Jtnfakm in An C Ka, Magiflro Militia Terapli 
in Anglu, Abba'.ibui Ramcfirnfi. de Burgo, de Thorncy, de Crouland, 
Ceftriz, Salop, de Hulmo, dt Bardenei, c2? de Cokeftre, Priori de Dun- 
Aaplc, Abbatibut de Bello loco, Farco ludc, Stwlegh, Lillefhul, & Bit- 
tlci'den, Prioribut de Beuver, if de Lentoa, Abbati ^Clervaus, Priori dc 
Stodcle'y, Abbatibut S. Aus'-iHini Caniuar. Sf de Certefli';, Priori S. Tri- 
r. Abbatibut d: Hia'i juxT. Winion. Middleton, Cej-ne, Ab- 

ii. . 

boteibuiie, f Taviftolte, frit,,'. A- Huntingdcn, AiLa^tus de Suleby, 


70 The Parliamentary HISTORY 

KingHwy HI. Troubles-at that Time prevented it. But in the next 
Year, 1265, and the 49th of King Henry III. was the. 
f 71 ] famous Parliament called ; which, with another in the 
1 8th of Edward I. were certainly the Models, or Pat- 
terns, of our prefent Englijb Parliaments. 


Wardon, S Jacob! Northamp Leiceftre. f Kitkeftet, Prionlus ^Eton, 
& Cruce Royfia, Abbatibus de Kirkeftal, S'Tame, Prioribus de Bermon- 
deffie, & Bernwell, Abbatibus de Meriavall, S. Auguftini, Briftol. de 
Malmefburie, Michaelnei, Abindon, S. Petri Glouc de Perfhore, & da, 
Wynchecurribe, Prioribiis ^Coventr. Sanclo Neoto, ? S. Swithini Wyn- 
ton, Abbati de Lefnes, Prioribus de Leedes, Landa, Spalding, S. Barthol. 
London, & de Kenelworth, Abbatibus de Ofolveftone, f// Teukefburie, 
Priori de Finfheved, Abbatibiti Mjddletone, dc Valladei, & de Cioxton. 

Item, in Forma pradifla Mandatum eft Comitibus & aliis fubfcriptis, 
Dot. apud Wodeftocke. 24 Die Decembris. 

Comitibus Leiceflr. Glouceftr. Norrolc & Marefcallo Angliae, Oxonienfi, 
Gf Derb. Rad. de Camoys, Rogcro de S. Johanne Hugoni de le Spenfer, 
Juflic. Angliae, Johanni Filio Johannis Willielmo de Munchenfy , Nichulao 
de Segiave, Johan-i de Vefcy Radulpho Baflet, (d( Dray ton) ^enrico de 
Haftings, Galfr -do de Lucy, Roberto de Ros, Johanni de Eyvill. Ads dt 
Novomercato, Waltero de t'olevill, Willielmo Marmyun, Rogero Bertram, 
Radulpho Baflet, (de Sapcote) Gilberto de Gaunt. 

Item, Mandatum eft Jir^u/is Vicecomitibus per Angliam, quod venirefaciant 
Duos MlHTES de LegaLoribus & Dtfcretioribut Militibus fingulorum Co-- 
mitaluum, ad Rcgem Lend, in Ocliab prtediflii in Forma Jupradifla. 

Item, in Forma pradiRa fcriHtur Ci-vibui Ebor. Civibus Lincoln & cate- 
rit Burgis Anglise, quod mittant inFormapradifia Duos a* Difcretioribut 
fly Legalioribus 6f Probioribus tarn Civi^us quam BURGBNSIBUS fiiis* 

Item, in Forma prtedifia Mandatum ejl Baronibus & Probis Homixibut 
f$ainfve Portuum, front connnetur in Brevi irrotulato inferius, 

Rex Vicccomiti Safiex, Saluttm. 

Summonito per quatuor Legaliorei Milites de Cemitatu tuo pradiao Petrura 
de Sabaudia apud Pevenfeiam, Johannem de Warrena a/W Lewes, & Hu- 
gpnem de Bygo d apud Bofeham, quod Jint coram Nobii, & Ccn/ilio ncfiro, in 
proximo Parliament nojiro Lond. primo Die Junii, Jufticiam faEluri & 

Et in plena Comitatu tuo proclamart facias, qucd quicunque ad Opus prre- 
diftorum Pctri Johannis & Hugonis interim procurare feu impetrare -voluerit 
fah'um 6f fecurum CenduBum noftrum ad Nos -vemendt, morandi, & Jlandi 
refft in Curia noftra, fi quit -verfus eos kqui voluerit fecure venial. Et A'os 
Conduffum bujufmod, ei fieri faciamui. Et habeas ibi Ncmina aqatuor Mi- 
titum Sf hoc breve. 

Tcflc Rege apud Weftmon. 

Per CoaJUtum, 

Eodem Modo Mandatum eft Kcecomiti Hertfordia de Summon, W, d* 
Vakncc apud Brekendon, 

Per totum Ccnji/ium, 

of E N GL AN D. 71 

The Bufinefs of this Parliament was chiefly to treat King Bony in. 

about Prince Edward's Releafe, at that Time a Prilbner 

[ 7*3 

in Dover Caftle. But, whatever elfe was done at it, 

this was not effected, for he was not releafed untiil Anno Regn ; ^ 

fome Time following, and then was but a Prifoner at 1265. 

large, carried about by Montfort^ with his Father, 

wherefoever he went, who now directed all the Affairs 

of the Kingdom at his own Pleafure. But Prince Ed- A 

ward having found Means to efcape, foon raifed an Ar- 1 

my, and, by a matchlefs Piece of Conduct, came upon 

the Earl of Leicejier and his Forces, near Evejbajn y in 

Worcefittjbirei routed them, flew the Earl and his eldefl 

Son, with many more Barons, and releafed his Father 

from a Bondage worfe than Death m . 

Thus did this ambitious Earl and his Adherents, by 
grafping at too much, lofe all ; and the great Conceffions 
they had gained were levelled with the Ground. The 
Battle was fought on the 5th of Augujl, this Year, and 
on the 8th of September following the King called a^g K ; n( , ca j 
Parliament to meet at Wincbefter ; where, by their Ad- a Parliament, 
vice, the Liberties of the City of London were feized, 
and the greateft Offenders committed to Pnfon, to l jfg**" 4 
punifhed at the King's Pleafure n . This Parliament 
gave the King alfo all the Rebels Lands ; and, by their At H nchejler 
Advice, he appointed two CommifTioners in each Coun- 
ty, who, with the Sheriffs, were to extend them, and C 73 J 
return the Extent, with the Names of the Lands, and 
their Owners, to him at Wejimin/hr^ by the I3th of 
October following . The Commiffion bears Date at 
Winchejler^ Sept. 21 ; and Paris adds, That the King 
disinherited all thofe that flood for Montfort againft 
him, and gave their Lands to thofe who had faithfully 
ferved him. 

This fevere Sentence of the Earl of Leicefter's Fol- 
lowers was ftriclly put in Execution ; but the Cry of the 
Sufferers was fo great, that it induced the Pope's Legate, 
Ottobonii then in England, to take their Cafe into his 
Protection. To this Purpofe he requefled the King to 


m The King had like to have been (lain himfrlf at this Battle, being 
v wounded by a Dart thrown at him by Mifi.ike ; the Eatl having 
:n to be dreffed that Day in a Suit of his own Aimour. Knygblon. 

n Ob fuam Rcbellioncm. M. Varis. 

o See the Form of the Writ of Summons at large in Dr. Brady's dp- 
jvxj:.*, N. 223. Lx. I'it. 49 U. 1U. m. 8. dortb, 

~2 'The Parliamentary HISTORY 

King Henry III. call a Parliament, which he granted, and it was fum- 
moned to meet ztKenelwortb, Aueujl 22, I266 p . Here 
Ann ^ 6 e | ni 5- j t was agreed, by the common Aflent of the Bifhops, 
Abbots, Priors, Earls, Barons, and all others, (we find 
At Kenckvortb. the Commons here, if they met, but {lightly mention'd) 
that fix Perfons, viz. The Bifhop of Exeter, the Bifhop 
of Bath, the Biftiop Elect of Worcefler, Sir Alan Zoucb, 
Sir oger de Sumery, and Sir Robtrt Wahrand, by their 
Oaths there made, fhould chufe fix others, who would, 
according: to their Judgments, do the beft for the Secu- 
rity and Peace of the Land. To thefe Twelve were 
committed the Cafe and Fats of the Difmherited, with 
full Power from the King and Parliament to hear and 
determine all Matters concerning them ; which Deter- 
mination was called the Difium de Kenelwortb. If there 
arofe any Difference between the Twelve, that wa3 
only to ftand good and firm which received the Affent 
and Approbation of the Legate and Henry , Son to the 
King of the Romans; and they were to finifti their Work 
by the Feaft of All Saints. 

This Determination and Award was made to better 
the Condition of the Difmherited, and to turn the For- 
feitures and Lofs of their Eftates into a Cornpofition for 
them ; and therefore, 

' All who began the War and perfevered in it ; 

* All who violently and malicioufly kept Northampton 
e againft the King ; 
r - , -i ' All that fought againft the King at Lewes ; 

c All that were taken at Kenelworth under the Com- 
^ mand of young Simon Mont fort, had plundered IVin- 
* che/ier, or were in any other Place againft the King, 
' which he had not pardoned ; 

' All fighting againft him at Eve/bam ; 

' All that were in the Fight at Chefterfield; 

' All that freely fent their Seivice, that is, Horfe and 
' Arms, againft the King or his Son; 

' All Bailiffs and Servants of the Earl ofLeicefter^ that 
4 plundered their Neighbours, burnt their Houfes, or 
' killed them, or did any other Mifchief ; 

Should pay five Years Rents of their Lands, and if 
they paid it, they were to have their Land again. The 
Money was to be paid at two or three fhort 'Payments, 


*> Pat. 50 H, III, m. 9. dorfo. 

of E N G L A N D. 73 

and if they paid the whole, then all their Land was de- King Henry 111. 
livered; if half, then half j if a third Part, then equal; 
and if they were not able to pay, the Lands were to re- 
main in the Hands the King had given them to, till the 
Money was raifed ; and out of .thefe Compofitions, by 
the Perfuafions of the Arbitrators, the King was to gra- 
tify his own Friends. 

'The Earl Fsrrers and Henry Hajlings were to pay 
feven Years Profits of their Lands. 

Thofe who had committed lefler Crimes than the 
above recited, compounded; or were fined three Years, 
two Years, one Year, or half a Year's Rent of their 
Lands, according to the Nature of their Offences j thole 
that had no Lands were fined in Goods. 

All Obligations, Writings, or Inftruments, made by 
the King, or his Son, concerning the Oxford Provifions, 
or made or entered into by any of the King's faithful 
Subjects, by reafon of the Troubles, were made null and 
void by this Award: Whereby it was declared, that the 
King might and ought to exercife his Royal Power and 
Authority, without the Let or Contradiction of any one ; 
by which, contrary to the Laws and Cuftoms of the 
Land, which had long fubfifted, his Royal Dignity 
might have been injured ; yet the Great Charter, and 
the Charter of the Foreft, were to remain in full Force 
by this Judgment. 

The Commiffioners alfo requefted the King and Le- 
gate, that, under Danger of Corporal Punimment and [ 75 J 
Kcclefiaftic Cenfure, they would ftriclly forbid any to 
fpeak of Simon Montfort as a Saint, or to fpread the vain 
and foolifh Miracles reported of him. 

They alfo humbly befeeched the Legate to abfolve 
the King, and all others of the Kingdom, both great and 
fmall, from the Qaths they had taken to obferve certain 
Charters concerning the Oxford Provifions ; to the Ob- 
fervation of which they were bound by the Sentence of 
Excommunication pronounced againft fuch as did not 
obferve them. 

This Award, or Difium de Kenelwortb, was finifhed 
in the Caftle of Kenelworth on the 3ift of Oftober, in 
the Year of Grace 1266, and the 5Cth Year of the 
Reign of King Henry* 

74 The Parliamentary HISTORY 

Kingflflfiy HI. The Year after, 1267, Henry called another Parlia- 
A oRe . ment to meet at St. Edmundjbury\ where, fays the Con- 
'" n ja 6^ I4I 'tinuator of Matthew Paris, were fummoned to appear, 
the Earls, Barons, Archbifhops, Bifhops, Abbots, and 
bur '"all that owed him Military Service, with their Horfe 
and Arms, to go againft thofe Rebels who had got into 
the Ifle of Ely, and ftill held it out againft him. This 
is a prepofterous Way of fummoning a Parliament, 
which the Monk fpeaks of; however, it is certain there 
was fome other Bufinefs intended to be done at this 
Meeting more than going to fight: For the fame Author 
has given us an exact Account of the King, with the 
Pope's Legate, who was then with him, and what De- 
mands they made for a Supply from the Clergy, with 
their Anfwer to each Article. 

1. It was demanded, * That the Prelates and Rec- 

* tors of Churches fliould grant them the Tenths of their 

* Churches for three Years next to come, and for the 
' Year laft paft, as they gave the Barons for keeping the 
' Coafts againft the Invaiions of Strangers.' To this it 
was anfwered, * That the War began by unreafonable 
' Defires, and did then continue, and therefore it was 
e neceflary to forbear repeating the like Demands, and 

* treat of the Peace of the Kingdom ; and make Ufe of 
c the Parliament to the Benefit of the Church and King- 

[ 76 ] ' dom ; and not to extort Money, efpecially, when the 
' Nation was fo much deftroyed by the War, that, if 
' ever, it muft be a long Time before it could recover, 

2. They required, * That the Churches might be 
c taxed by Laymen, according to their true and higheft 
' Value.' To this it was anfwered, ' That it was not 

* reafonable, but contrary to Juftice, that Laymen fliould 

* meddle with collecting of Tenths ; nor would they 
' ever confent to a new Way of taxing, but that the old 
fhould ftand. 

3. ' That the Biflbops and Abbots fhould pay the 

* Tenths of their Baronies and Lay Fees, up to their 
' true and higheft Value.' Anfwered, 4 That they were 
4 impoverimed by Depredations and Plunderings ; that 
they followed the King in his Expeditions, and fpent 
' fo much Money that they were grown very poor, and 
1 that their Lands laid uncultivated by rcafon of the War. 

4. It 

.of ENGLAND. 75 

4. It was demanded, That the Clergy, in commonyKing He*ry,\\i* 

* fhould give to the King 30,000 Marks for the afore- 
' faid Tythes, which a certain Legate had claimed for 
' the Ule of the Court of Rome, for the Debts contract- 
4 ed in Sicily, Apulia, and Calabria, in the Name of the 

* Lord Edmund, the King's Son, then prefent.' Anfwer, 

* That they would give nothing, becaufe all thefe Taxa- 

* tions and Extortions, firft made by the King, were 
4 never expended to the Ufe of the King and Realm . 

5. They required, ' That all Clerks, holding Baro- 
4 nies or Lay Fees, fhould go arm'd in their own Per- 
' fons againft the King's Enemies, or find fo much Ser- 
c vice as belongs to their Lands or Tenements.' To 
this they anfwered, * That they ought not to fight with 

* the material but fpiritual Sword, that is, with their. 

* Prayers and Tears : And that, by their Benefices or 
4 Fees, they were bound to maintain Peace, not War. 
4 That they held their Barony in Frank Almoign, in pure 
4 Alms, and therefore ow'd no Military Service but what 
4 was certain, and would not perform any that was new. 

6. They required, on the Pope's Behalf, ' That with 

4 all Speed the Expedition of the Crofs might be preach'd [77] 

* through the whole Kingdom.' To this it was an- 
fwered, c That a great Part of the People had been 
' killed T?y the War; that, if now they fhould undertake 

* the Cruiade, few or none would be left to defend the 
' Nation. 

7. At laft it was faid, * That the Prelates were abfo- 

* lutelv bound to comply with all thefe Demands, on 

* the Oath which they had taken at Coventry, that they 

* would artift the King by all the Ways they were able.' 
To this they alfo anfwered, * That, when they made 

* that Oath, they only meant it of fpiritual Help and 
4 wholefome Counfel.' 

What was done further at this Parliament we cannot 
learn ; it does not appear that there was any Attempt 
made againft the Difmherited in the Ifle of Ely ; only 
they were reftrained from making Excurfions by the 
Forces the King kept with him at Cambridge. It muft 
be owned that the Clergy behaved themfelves very 
ftoutly againft the King and Legate at this Meeting ; 


Pr. Brady has omitted this whole Demand aftd Anfwer in hisTranl'- 
: the!e Articles, p. 661 j making the fifth Anicle the fourth, aui 
!o on : Bu: v;hetir by Defswn or not, let the Reader judge. 

7 6 The Parliamentary HISTORY 

King Henry III, jj U t they found Means afterwards to bend them by an ex- 
prefs Bull from the Pope, whereby he granted the King 
the Tenths of all Ecclefiaftical Benefices whatfoever for 
three Years. This Bull was dated at Viterbo, June 9, 
in the ad Year of his Pontificate, A. D. 1267, the 5ift 
Gi Henry III. and directed to his Legate Ottoboni p . 

In the Year 1267 King Henry called the laft Parlia- 
ment in his Reign, being fummoned to meet at Marl- 

ough the iQth of November ; in which, by the Aflent 
of the Earls and Barons, were made the Statutes of 
Marlborougby in which a general Provifion for the Ob- 
fervance of the two Great Charters was ordained q . 

In the Year 1272 died Henry III. King of England, 
after having reigned fifty-fix Years and twenty Days, 
and was buried at Wejlminfter. A Reign, fays an 
' Hiftorian r , fo full of remarkable Contingents, partly 
* through the Weaknsfs and Inconftancy of the Prince, 
' and partly through the Pride and Impatience of a 
( 78 ] * ftubborn Nobility, that it takes up a tenth Part of 
' the Englifo Hiftory from the Norman Conqueft. 

TAXES in this King's Reign. s . 

Taxes during the ^ I ^HE Parliament call'd at Northampton, in the Year 
Rei ? n of King _|_ 1 224., granted the King two Shillings of every 
Htnry IIP. Plough Land ; and the King granted the Barons Scutage, 
two Marks of every Knight's Fee. M. Paris. 

The Parliament call'd at Weftminfter granted the King 
a Fifteenth of all Moveables, as well of Clergy as Laity, 
in the whole Kingdom, for the Grant, or Confirmation, 
of Mgna Cbarta. The fame Year there was a fortieth 
Fait of all Moveablcs granted. M. Paris. 

In the Year 1226 the King wrote to his foreign 
Bifhops and Clergy to give him a Fifteenth of all their 
Moveables, as the Bifhops and Clergy of England had 
then done. Pat. j I H. III. m. n. 

The next Year he compelled the City of London to 
pay him 5000 Marks, becaule they had given as much 


P Cart. 51 77. III. K . 10. in fchedula. 

<5 .'iffcnfu Comitum &f Baromtm. M. Paris. See the Statutes at largi. 
I Sam. Daniel's, K-ftory cf Erg/ar.d. 

See a fuller Account of thcl'c Taxes in Stephens** Rrya! Ircafurr tf 
*jf.W. LnJ. 1725. 

of E N G L A N D. 77 

to Lewis , late King of France, when he left England j K ' n S H tnr y HI* 
and levied a Fifteenth, Y^f. Paris. 

At the fame Time he took from the Burgefles of 
Northampton an Aid of I200/. befides one Fifteenth. 

He likewife forced all religious and beneficed Clerks 
to pay a Fifteenth, as well out of their Spirituals as 
Temporals ; and they who were unwilling to pay were 
compelled either by the King's Authority or Ecclefia- 
ftical Cenlures. 

Soon after this the Religious and others had Notice, 
that unlefs they renewed their Charters the old ones 
fhould be of no Advantage to them; and for the Re- 
newal every one paid according to his Faculty, at the 
Difcretion of the Judiciary. M. Paris. 

In the Year 1230 Archbifliops, Bifhops, Abbots, and 
Priors gave a great Sum of Money for recovering his 
Rights beyond Sea. At the fame Time he put the 
Citizens of London to grievous Redemption, and forced 
the Jews to pay him a third Part of what they were 
worth. M. Paris. 

In the Year 1231 the King required a Scutage of [ 70 1 
three Marks of every Knight's Fee, of all that held 
Baronies, as well Prelates as Laics: This was oppofed 
by the Archbifhop of Canterbury r and fome other Bi- 
fhops, but was agreed to by all the others. M. Paris. 

In a Parliament held at Lambeth, in the Year 1232, 
a fortieth Part of all Moveables, as well of Ecclefiaftics 
as Laics, was granted to the King, and was colle&ed 
very foori after. M. Paris. 

In the Year 1235 he had two Marks of every Plough 
Land, for the Marriage of Ij'abel his Sifter \.Q Frederic^ 
Emperor of Germany, and gave with her 30,000 Marks 
for her Portion. Clauf. 21 H. III. m. I. & m. 21. dorf. 

In the Year 1237 a thirtieth Part of all Moveables 
was granted to the King. M. Paris. 

In the Year 1242 the King requir'd a Scutage of three 
Marks from every Knight's Fee through all England. 
So M. Paris ; but others fay only twenty Shillings. 

In a Parliament held at London, in the Year 1244, 
twenty Shillings of every Knight's Fee was granted to the 
King for the Marriage of his eldeft Daughter. M. Paris, 

t ftcbrd Wttbtrtlnd. I 

The Parliamentary HISTORY 

In the Year 1253 the Clergy granted the Tenth of all 
Ecclefiaftical Revenues for three Years, and the Nobi- 
lity three Marks of every Knight's Fee, for the Relief of 
the Holy Land, on the King's Confirmation of Magna 
Charts. M. Paris. 

In the Year 1267 three Years Tenths of allChurch 
Revenues were granted to the King by the Pope. Cart. 
5 1 //.III. m. 10. fched. 

And in the Year 1270 a twentieth Part v/as granted 
the King. Cl. 54 H. III. m. n. dorfo. 

[ 80 ] TfDWARD, the firft of that Name after the Con- 
*-* queft, was in the Holy Land at the Time of the 
Death of his Father King Henry ill. However, he was 
peaceably proclaimed and recognized King of England t 
&c. and, at his coming into the Kingdom, was crowned 
at Weftminfter* with the ufual Ceremonies, Augujl 19, 
1274; near a Year and a Half after the Death of his 
Father, he being then juft thirty- five Years of Age. 

We now come to a Reign, in which we (hall give the 
Hiftory si Parliaments undoubtedly compofed of Repre- 
fentatives of the Counties, Cities, and Boroughs, as well 
as the higher Eftates of the Realm. Montf art's Con- 
vention, where though the Commons were introduced to 
make his Caufe more popular, yet we doubt whether 
that Meeting can be filled a Parliament, which was 
called together by the Earl of Leicefter's own Authority, 
the King a Prifoner, and the Realm under an abiblute 
Ufurpation. But, however that Meeting may be thought 
of by fome, yet all muft grant that Mont fort's Conduit, 
in this Particular, was highly approved of; fmce to what 
he then did may be owing the Rife and Model, with 
ibme Alterations, of all fucceeding Parliaments. 

The State of the Tranfa&ions on the Death of the 
laft King appears to be thus : He died Nov. 16, 1272, 
his Sons, Edward and Edmund, were then abroad. 
The preceding Troubles put every Wellwifhcr to his 
Country upon taking all neceffary Steps to preferve the 
Peace and Tranquillity of the Kingdom ; and therefore, 
immediately after the King's Funeral, Nov. 20, accord- 
ing to Mat. Wejlmlnfter, or before, by the Annals of 
Worcefter^ which end in 1307, the Earl of 


of E N G L AND. 79 

and other Lords ", then prefent, took an Oath to pre- King Ed-ward I. 
ferve the Peace of the Kingdom to the utmoft of their 
Power, and to jpear faithful Allegiance to the abient 

The Parliamentary Records being almofi all loft, or 
deftroyed, about this Time, we can have but fmall Aflift- 
ance from them ; our Recourfe therefore muft be chiefly 
to the old Monkifh Writers of this Age, who, tho' not fo 
exact as the others, yet the whole Body of our Hiftorians, 
hitherto, have allowed of their Teftimonies, where bet- 
ter could not be found. However, we are not altogether ' 
without our own Vouchers, as the Sequence will ihew ; 
and particularly in this next Parliament, where the Acts 
made by them are frill preferred, and ftand the firft in 

all Editions of our Statutes at large. But to proceed 

with our Hiftory. 

Edward being returned to his own Dominions, and 
his Coronation performed, foon after thought fit to call 
a Parliament, in order to redrefs many Grievances and 
Enormities which had crept into the State during the 
late Civil Wars, his Father's Death, and his own long 
Abfence from the Kingdom. This Parliament was 
fummoncd to meet Ad quindenam^Fefti Purif. Beatts 
Firginis Maria ', Feb. 1 6. Here we have the Commons 
called up to it, as plainly appears by the Preamble to the 
Statutes of Wejlminjhr the Firft:, as they are ftiled by 
the Lawyers, which welhall give in the Sequel \ but how 
they were elected to it, does not fo evidently appear. 

It was in this Parliament that the feveral Summons 
Which the King had fent to Lewelhn, Prince of Wales y 
to come and do Homage to him as his Vaffal and Sub- 
ject, were recited. Rymer in the Feeder a Anglic. Tom. IT. 

p. 68, 

u Walter Giffard, Archbifhop of York') Edmund Plantagertet, Earl of 
Cornwall, Son to Richard who was Brother to King Henry HI. and G;7- 
bert de Clare, Earl of Gloucefter. Mat. Weft. 

w Poftmodum ad no-vum Temflum Londini Nobi Lores Regni pariter con- 
venerunt, et faflo Sigillo novo, conjlituerunt Cuftcdet f deles et tnitiiftroi f 
yui Tbefaurum Regis et Pacem Rfgni fdeliter cuflodirer.t. Mat. Weft. 

Die proximo poft Patris ejus Sepu/turam Pater Robertus Kyi ward bey, 
drchiep. Cant. &c. afud r.wum T'tmplum con-venerunt, &c. et de djjenfu 

Matrn Regintf Jiatuerunt Cujiodcs Regni, &c. Walfing. N. Trivet. 

But our Author rnuft be milljken in his Archbifhop, lor Robert Kifattard- 
bey, though he had been named by the Pope at Rome to the See of Canter- 
bury in Qflobir before, yet he had not taken PolTelTion of it at that Time. 
It were the Nobles mentioned in the foregoing Note (*) that iffued out 
the Writ in the King's Nan:c, de Ptice Urgis, which is in Ry- 
Kfr's Feed, dated A"v, 2^. 

8o *The Parliamentary HISTORY 

KingaW-</I.p. 68, has given us a Lift of them, by which it appears, 
That however hard this Prince's Fate might feem after- 
wards, yet it cannot be denied but that he had fair 
Warning to avoid it. For Fear of breaking the Thread 
of our Hiftory, we chufe to give them by Way of Note, 
as under 1 . 

There is no Doubt but thefe feveral Summons were 
read in the firft Meeting of this Parliament, but what 
was then refolved upon about them does not appear. 
It is probable the more important Affairs of the State 
called firft for Amendment : And indeed many excellent 
Laws were enacted by this Parliament for fecuring the 
Peace and Liberties of the People, as well as the Im- 
jnunities of the Church, and Privileges of the Clergy ; 
but whether in the firft or fecond Seflion of it, ib not 
certain. They fat but a fmall Time ; for they met about 
Candlemas^ and were prorogued to the 22d of April fol- 
lowing, 1275. b . 

AnnoRegnij. At the next Meeting of this Parliament, the Affair 
12 75' of the Jews, then in England^ was taken into Confidera- 
f} efi tion, and feveral Laws were made to reftrain the ex- 
ceffive Ufury of them ; and it was alfo enacted, That 
- J they fhould wear a Badge upon their Upper Garments, 
in the Shape of the two Tables of Mojeis Law c . On 


a I. A Summons by Walter of Merton, dated A T c-v. 29, 1272, recitmg, 
That the Prelates, Barons, &c. in Wales, had done Homage, and empow- 
ering two Abbots, of Dare and Hajbemen, to receive his Homage. Rymer t 
Tom. II. p. z. 

There is alfo a Letter from the Abbots, certifying that they went to 
Montgomery, &c. but that the Prince did not come. Ibid p. 3 

X.. Orders to William de Bella Can:po, Comes IVaricic, to be at Montgo- 
Tiiry on the next Sunday after the Feaft of St. Philip and Jacsb, dated at 
Weftminjltr, April 14, 1274. 

3. After his Coronation, (Avg:<Jl 19, 1274) and he cnrr.c not within a 

4. A Summons to him to appear and do Homage to the King at Skrrtvf- 
lury, on the Sunday after the Feaft of St. Attdre^v, 1274, dated at AVri-- 
tmpton, No-v 3. Ibid. p. 41. 

The King falling ill put oft' the Time, as appears by his Wik, dated at 
Clyve, Nov. 22, 1274. Anno Rcgni 3. Ibid. 

b CraJ}. Ctauf. Pafcb. and Eafter-Vtai, is much ihe fame. Eajter-Day, 
that Year, was April 14. The Date in Hawkins's Statutes is April 25 5 
but it fhould rather have been the 22d. 

There is a Writ in Prynne's Parliamentary Cdtfflions, p'. 180, dated at 
Weftmlnfltr, July 24, Anno Rcgni 4, Edtu. I. referring to a Law made in 
this firft Parliament. 

= Ad unius Palm* Longitudincm. Mat. Weflminftrr. 

There is in Prynnc, p. 239, from clauf. 4 Edto. \. m. 6, a Proclama- 
tion enjoining the Jew Women alfo to wear that Badge. 


the i8th of the fame Month they met again, and grant- Kin Edmardl 
ed the King a Fifteenth upon the Clergy and Laity, by 
the common Confent of the Archbifhops, Bifliops, Earls, 
and Barons c . This Money, or Subfidy, was given, 
fays one Author d , to defray the Expence of the King's 
Crufade : Another writes, That it was faid by fome to 
be for Novelty Sake, or for a good Beginning e . How- 
ever, Dr. Brady has publifhed an Aft of the King's, 
whereby he declares, That this Gift of the Clergy pro- 
ceeded only from their free Good-will, and that itfhould 
not be drawn into Confequence for the future. 

The King had done the Merchants fome fignal Ser- 
vice, in a late Treaty, as he came home through Flan- 
ders ; and in his Care now of their Interefts, in fuppref- 
fmg illegal and exceffive Tolls, arbitrarily exacted from 
them in moll Parts of the Realm j they therefore volun- 
tarily taxed themfelves to Half a Maik on every Sack 
of Wool, and a Mark on 300 Skins, and on a Laft of 
Leather, throughout England and Ireland, for Wales 
was not conquered at that Time, and granted it to the 
King and his Heirs for ever f . This Contribution they 
got confirmed by this Parliament, and it was called the 
New Cuftom^ in Diftin&ion to one that had been Part 
of the antient Revenue of the Crown. 

What is before faid relating to the Commons being 
call'd to this Parliament, befides the undoubted Authority 
of the Preamble to the Statutes made in it, it is farther 
confirmed by the Teftimony of two antient Monaflic 
Hiftories, the Annals of JVorcefter^ and thofe oilf^aver- 
/r, 1 , who exprefiy tell us, That they were compofed 
of the Archiepifcopi) Epifcopi, Comites, Barones^ Abbotes^ 
t Priores, et de quolibet Cemitatu quatuor Milites, et de 
qualibet Civitate quatuor. By this it appears that there 
were no Reprefentatives of the Boroughs in it, though 
modern Hiftorians have faid fo ; and therefore was not 
fimilar to Montforfs Parliament, neither in the Places 
fending, nor the Number fent. We fhall conclude this 
Affair, by giving the Preamble to the Statutes of IVeJl- 

VOL. I. F minjltr 

c Anrial. Waver!. 

d Chron. T. Wykes. 

e NwitatiiCaufa. Anual. Waverl. 

( Pat. 3 Edw, 1. jn. I. Rot, Fin, 3 Ed<w, I. m. 24* 

$ 2 be Parliamentary HISTORY 

King Edward I. minfler the Firft, which our Lawyers have divided in- 
to fifty -one Chapters *. 

Anno Regni 4, The next Year, 1 276, this King conven'd his Nobles, 
iz76. & Ct again to Wejlminjier, on the Affair of Lewellyn ; 

tit Wejlminfltr. they met at Weftmmfter^Oftober 18, or about the Feaft 
of St. Luke h , 1276. And that they confifted of the fame 
Members as the laft, appears from a Patent to the Arch- 
bifliop of Canterbury ', which recites Comites, Barones, ac 
alii Magnates* et Communitas Regni noflri *. In this 
Parliament feveral more Summons, which had been fent 
to the Prince of Wales fince th<?Mfeeting of the laft, were 
again recited ; to which he never appeared, but fent idle 
and frivolous Excufes, nay, fometimes infolent ones, in- 
ftead of coming. Upon which the Archbifhops, Bifhops, 
and other Prelates, with the Earls, Barons, &c. defir'd 
the King would give them Leave to fend to him to per- 
fuade him to come; to this the King acquiefced, and 
they accordingly fent the Archdeacon of Canterbury, but 
to no Purpofe : But about a Fortnight after MichaeftiMs, 
that Year, Lewellyn fignified to the King that he would 
come to Montgomery to do Homage, provided the King 
would give him Safe-Conduct, by the Archbifhop of 
Canterbury, &c. This Letter was looked upon to be fo 
infolent, that it was agreed by all prefent, That the King 


g The Preamble to thefe Statutes is as follows : Thefe be the Adls of 

* King Ed-ward, Son to King Henry, made at Weftminfter, at his firft Par- 
4 liament general after his Coronation, on the Monday of Eafter-Utas, in 
' the third Year of his Reign, by his Council, and by the Aflent of the 

* Archbifhops, Bifhops Abbots, Priors, Earls, Barons, and all the Com- 
' monalty of the Realm, being thither fummoned j becanfe our Lord. the 
' King had great Zeal and Defire to redrefs the State of the Reajm in fuch 
' Things as required Amendment, for the common Profit of Holy Church 
and of the Realm. And becaufe the State of Holy Church had been 
' evil kept, and the Prelates and Religious Perfons of the Land grieved 
' many Ways, and the People otherwife intreated than they ought to be, 
' and the Peace lefs kept, and .the Laws lefs afed, and the Offenders lefs 
puniftied than they ought to be, by reafon whereof the People feared lefs 

* to offend ; the King hath ordained and eftafcli/hed thefe Acls under- 
' written, which he intendeth fhould be neceflary and profitable to the 
' whole Realm.' Vide Cbron. T. Wykes, fub hoc Anno. 

Befides the Statutes at large, fee a Detail of thefe Laws in Lord Cole's 
Jnflituus, Part II. p. 156, fc. 

h Annal. Wa-verl Wygorn. In quindeva S. Michael. WyTta. You have, 
in Archbifhop Wake's Appendix, No. 14. the Archbifhop of TorFs A p- 
. pointment of his Proxy, dated at Ballon jr. Cra-ven, Non. Of}. 1276. We 
mention this, becaufe it is the firft Proxy we have yet met with. 

i Dat. W*p. Nov. i, Pat, 4 J. I. m, 6. Prynnis Call. p. 179. 

of E N G L A N D. gj 

Ihould not admit of Lewellyn's Excufes ; but proceed King Edwrdl, 
againft him as a Rebel k . 

It is faid that in this Parliament the Fifteenth granted 
by the laif. was ordered to be levied, but whether then 
or before, is very uncertain, becaufe our oldeft Hifto- 
rians contradict one another hereabouts ftrangely, both 
in jumbling the Parliaments together, and in different 
Dates, that nothing certain can be got out of them. 
The Tax of a Fifteenth is faid, by fome, to be laid on 
Clergy and Laity jointly, whilft the dnnals of Waverley 
mention the Lay Pofleffions only ; but are very parti- 
cular in their Account of this Tax, and mention ex- 
adly what their Part of the Fifteenth amounted to. 

As we fhall have Occafion to make frequent Men- 
tion of thefe Taxes in the Progrefs of this Work, it may 
not be thought improper to give an Explanation of them, 
in this Place. 

Our ableft Lawyers have been puzzled about the 
Manner how thefe Tenths and Fifteenths were collected; 
what we have met with relating to that Affair is not 
intirely fatisfa&ory ; becaufe, we prefume, they varied 
with the Times, and were charged upon Goods and 
Chattels rather than Land, efpecially in Cities and great 
Towns. But let the following Explanation fpeak for 

A Fifteenth, or ^uinzleme ! , is a Tax of Money laid Tenths and Fif- 
upon the Counties, Cities, Boroughs, or other Towns, * e ? ths account * 
throughout the Realm ; and fo call'd, becaufe it amount- e 
ed to a fifteenth Part of that which, the City or Town 
had been of old valued at : And therefore every Town 
knew what a Fifteenth for themfelves did amount to ; 
which was in Proportion to the Land or Circuit about it. 
Thus Gamden fays of Bath^ Geldebat pro viginti Hidls. 
Whereas a Subfidy was raifed upon every particular 
Man's Goods, or Lands, and therefore was uncertain ; 
becaufe the Eihte of every particular Man is uncertain m . 

The laft Edition of this Law-Dictionary adds, That 
thefe Rates were taken out of Doom/day- Book , in the 
Exchequer, as Camden again witnefles of Welles^ in . 

F 2 Somerfet- 

k The Declaration of War again ft Lfweliyn is in Rymer, Tom, II. p. 68. 
1 A /- r :nfiier,ie is to this J)ay a Tax in France, called, \nEr.gHJb, a 
Twentieth Penny . 

aw Dictionary. 

$4 *Fkc Parliamentary HISTORY- 

King Efatart I. Somerfet/bire, thus : Ojtuo Ttmpore, ut teflatur CenfuaXf 
Anglian Liber ) Epifcopus ipfum Oppidum tenuit, quod 
pro quinquaginta Hidis geldavit-, and fo of other Towns : 
By which it appears, that, of old Time, this feemed to 
be a yearly Tribute in Certainty : Whereas now, tho* 
the Rate be certain, yet it is not levied but by Parlia- 
ment. To this we may add, That thefe Kinds of Taxa- 
tions were impofed by the King at his Pleafure, till Ed- 
ward I. bound himfelf and his Succefibrs, from that 
Time forward, not to levy it but by Confent of the 

But to go on with our Hiftory. 

It Teems as if this laft Parliament met by Prorogation 

ttiis Year at Wmebefter, for we have no Account of a 

new one being called ; and yet there is Teftimony that 

they fat there about the Beginning of "January ^ fay our 

Annalifts, for feveral Days ', the King coming to them 

the latter End of December. Soon after EnJIer we find 

them met again at Wejiminjler^ which muft be in the 

C 83 ] Year 1277 ; and here it was that, amongft other good 

Laws, the Statute of Bigamy was enafted m ; tho' this 

BigLiy^jufod. ^ft f eems not to have been dona in full Parliament, the 

' Preamble to the Statute running thus : 

* In the Prefence of certain Reverend Prelates, Bi- 
6 {hops of England^ and others of the King's Council, 

* the Conftrtutions under-written were recited, and after 

* heard and publifhed before the Iving and his Council, 
' forafmuch as all the King's Council, as well Juftices 
' as others, did agree that they fhould be put in Writing 
' for a perpetual Memory, and that they ffiould be fted- 
' faftly obferved.' 

AnnoRegni4. At this Parliament, at Wlnckefler or Weflminjler^ 

1276. however, the King confirmed the Charters of Liberties 

At Windejler. an< ^ Forefts, and ordered that it fhould be proclaimed 

all over England that they fhould be ftrirly obferved ". 

There is Mention made of another Parliament faid to 

AnnoRegnis. ^ e he j d j n the y ear ^^ after the j^ ing s Expedition 

into Wales, in which the L^ity granted the King a thir- 
tieth Part of their moveable Goods towards his Charges. 


1 Perpluret Ditt. Annal. Wygorn. et Wayerl. 

m The Statutes at large. See t&b Tyrnrs Hijlory of England, Vol. III. 

' * Tyrrtl't Hijlorj ./ England, Vol. III. p. 29. 

^ENGLAND. 8 5 

Tyrrel obferves, that this Parliament is not exprcfly King Edward I 
mentioned on the Rolls ; which fhews, adds he, that 
there were many more Parliaments than we can now 
find upon Record . 

Tyrrel quotes l^alftngbam for his Authority as to this 
Meeting ; but as we find no older, and confidering the 
War now with Wales^ to attend which all thofe who 
held by Military Service, even the Ladies p , were fum- 
moned, and the King's returning from that Expedition, 
we can hardly find Time or Place for a Parliament to 

There is greater Probability that a Parliament might 
be held next Year at Gloucefter^ becaufe the Statutes faid 
to be made there by our Statute Books feem to confirm 
it, though we have no other Authority. Thefe Laws 
feem to have been taken and printed from fome Procla- 
mation, or fome fuch A61 for publifhing them ; perhaps 
at a Parliament at Wejlminjler\&\& in Ottober this Year, 
though firft made at Gloucejler^ from whence they take 
their Name, and is evidently confirmed by the Statutes 
of IVeJlminjler the Second, i^Edw.I. which fay the 
Parliament was called to meet at Gloucejler in Quindena 
S. Jokan. Baptiftts, becaufe an Expofition of thefe Laws 
was made on the Sunday after the Feaft of St. Pfter^ &4 
V'mcula, this very Year q . 

The Annah of Waverhy mention a Parliament to be f 84. ] 
held at Wejlminjler in the Middle of Otfober this Year, 
where it is faid that the King of Scots came and did Ho- 
mage to King Edward at that Meeting. lPykes fays 
the fame; and, by his Account, one might imagine that 
it was for the whole Crown of Scotland ; but the An- 
nah of Worcefter exprefs the Lands for which he did 
Homage, which all lay in England. A better Authority 
than either is in the Focdera Ang. Tom. I. p. 126, where 
is the whole Proceeding. 

F 3 The 

TyrrePs Hijlory of England, Vol. III. p. 29. 

P Rfmer ha? given a Lilt of the Barons, Prelates, Abbots, and even La- 
dies, that were lummoned to fervc in this War, by themfelvcs or Subfti- 

q The Date, therefore, in Hawkint's Statutes, may bf wrong. The Roll 
in the Tower ends thus : Done a Gloccftrc It Demein procbein apra la Ftfe 
at Scin Peire a Goale de Auft. It An a-vabntdit 5 and the Preamble to the 
Statute de S^f Ifarraistt mention* U}o|c paaie at Ghuftfh 
6 Ediv. I. 

36 *The Parliamentary HISTORY 

King </<</ 1. The next Year, 1279, another Parliament was fum- 
moned to meet at Wejlminjhr, when an Affair of great 

AnnoRegni 7 . j m p Ortance - to the Intereft of the whole Nation came 
before them. But before we enter upon an Account of 

At Weflminjler. the famous Statute of Mortmain, patted in this Parlia- 
ment, it will be neceflary to premife two Affairs which 
happen to precede it. The firft was an Aft concerning 
bearing of Armour ; in the Preamble to which the Pre- 
lates, Earls, Barons, and whole Commonalty, are faid 
to be there afTembled at IVejlminfter, Oftober 30, Anno 
Regni 7. The other Tranfa&ion was this : Some of 
the Piovifions the Archbifhop of Canterbury and his 
Clergy had made this Year, at a Council at Reading^ 
(3 Kal. Aug.) were revoked, foon after, by this Parlia- 
ment, (in Fefto S. Michaelis) and this Revocation is 
printed in Pryxne r , Collier^ and in the Councils. But this 
Blow was very foon followed by a much greater Stroke 
at that Body than they had ever fuffered before. 

It is very well known to an Englijb Htftotian, that 
theClergy, ever fince the firft Introduction of Chriftianity 
into this Ifland, had been accumulating Lands and 
Riches ; infomuch that they had fweiled, what was at 
firft but a Molehill, into a huge Mountain. The enor- 
mous Bulk of their prefent Pofleffions, and what they 
were daily acquiring from the miftaken Charity of that 
Age, made it juftly fufpicious that, in another, they 
jnight engrofs the whole : Befio'es, it was well known 
that, whatever Lands they gained this Way, they were 
from thenceforth unalienable, and a dead Hand laid on 
them for ever. The Laity had been long defirous to 
item this Torrent; but wanted a King of Refolution 
enough to defpife the Vatican Thunder, and effectually 
put a Stop to thefe dangerous Proceedings. Such a King 
they found in Edward I. and a Parliament was called in 
this Year for that Purpofe. They met at Weftminjier 
in the Beginning of November, by the King's Appoint- 
ment, and when he made the Propofal it was received 
by the Lait) with univerfal Joy, nor durft the Clergy 
oppofe it for Fear a heavier Blow mould fall upon them. 
In fine, it was enacted, * That, from henceforth, none 

* mould either give, fell, bequeath, or change, or, by 

* any Title whatfoever, fnpuld aifign any Lands, 7'ene- 

f Pyr.nis CeOtSitaitf p, 235, 

of E N G L A N D. 87 

c ments,, or Rents, to any Religious Body, without Li- 
' cence from the King had for that Purpofe *.' This 
Statute was called thelStatute of Mortmain, becaufe it I] 16 Statute { 

..... . mortmain enact - 

was intended to prevent Eirates from falling into dcad e d. 
Hands j that is, Hands of no Service to the King or the 
Public, without Hopes of ever changing their Owners. 
Nor did the King end here ; for the Sequel will alfo (hew 
that this Monarch laid a heavier Hand on Holy Church 
than any of his Predecefibrs had done before him. 

About this Time Edward was bufy in his Conqueft [ 85 ] 
of Wales, which he foon after fully accomplifhed. Le- 
ivellyn, their Prince, was {lain in the open Field, and his 
whole Army routed upon the Spot. David his Bi other Anno j ^ g egni " 
was foon after taken Prifoner and brought to the King 
at Shrcwjlury. Here it was that a Parliament was called At Sbrewfiury. 
on that Occafion, September 30, 1283, who condemn'd 
David to die the Death of a Traitor. This rigorous Lnoellyn lulled, 
Sentence was executed with all the Circumfrances a t- a " dhisonl y Br - 
tending that infamous Punifhment. His Head was fix'd L c 
near that of the Prince his Brother, and his four Quar- 
ters were fent to York, Briftol, Northampton, and Win- 
ch eft er : . The firft Example of this Manner of Execu- [ 86 ] 
tion done on Traitors, but which has been commonly 
prac"r.ifed ever fmce. 

The King, in fummoning this Parliament, was more 
explicit than ever he had been before. The Writs of 
Summons are ftill extant on Record ; the firft of which 
is to the Lords to meet the King at Sbrewjlury on Sep- 
tember 30. The fecond Writ is directed to the Sheriffs 
of every County in England, to caufe to be chofen two 
Knights for the Commonalty of the fame County ; as 
alfo a third directed to feveral Cities and Boroughs, and 
a fourth Writ to the Judges ". 


s H. fcnygbtsn, inter Decem Serif tores, col. 2462. 

See Statures at large, p. 83 ; where the Realbns for making this Law 
will beft appear by the Recital of the Statute itfelf. 

t mart ffiiftra Prodi tor is ! ad Caudas Equorum per Municipium Salopia* 
fuit trti"ut, diin fufyenfus, poflea decoli'aius, pojlmodum Iruncus Corf art's in 
quatuor Pai'tes fuit divifits, jinaliter Cor ejus cum Inte/linis fuit combujium, 
Cjput Londini portabatur, quad fuper Turrim Londinenfem erigcbatur 
fitper Pahim, e Regitne Cafitis Fratris fui 5 quatuor Parta Corpi~is ipfmt 
acepbali ad Briitoliani. Nortliamp. E''or, Winton, mitrebanttir, M. Weft. 

u Rot. Wattia, ^ Ediv. I. m. z. dorfo. Rymer's Fudsra, Tom. 1I' 
p. 247, e-V. 

Mr. lyrrel obferves, that neither Mr. Prynne nor Dr. Brady, with all 
their Diligence, have taken any Notice of .thel'e \VriW to iuinmon this 


tfbe Parliamentary HISTORY 

But the Time this Parliament met at Sbreii'flury has 
been diverfified by feveral antient Authors, and placed 
a Year fooner than it really happened, which has led 
many modern Hiftorians into the fame Error. Now 
to fix this Period right, the Time of Lewtllyn's Death, 
and the Capture of his Brother David muft be afcer- 
tained. The Beginnining, Progrefs, and Conciufion of 
this Weljh War, muft lead us to the Point directly ; and 
this is exemplified in Rymer, by the feveral Acts of State 
done during the Continuance of it. The firft of which 


Parliament. He accufes the latter of Partiality in this Matter; and, in 
his Introduction to his Hiftory, has given the Reafon why the Doctor 
might not think fit to mention them. 

The Writs are directed to all the Earls and Barons by Name, to the 
Number of no; but the Writs to the Cities and Boroughs being more 
remarkable, efyecially as thefe Writs are the firft upon Record requiring 
the Attendance of the Commons, except thofe iflued in the Name of the 
late King Henry II I. under Mantfor-i 's Ufurpation, we think proper to give 
a T ranfcript of them as follows : 

REX Majori, Civibus et Vicecomitibui LONDON. 

Shtot Fraudum et Macbinationum generibus Lingua Walenfuim, ad ittjlar- 
vulpium, Progenitors nojlros et Regnum nojlrum invaferit, a Tempore, quo 
poteft Hominis memoria recordari : )uot Strages Magnatum, Nobitium, et 
aliorum, tarn Anglicorum, quant aliorum jfu-venum, atque Scnum, &c, ut in 
Brevi Superiori ufque haec Verba. 

Pcbis Mandamus quod duos, de fapientioribus ei aptioribui Civibus prte- 
dil<e Ci-vitatis, elegi faciatis, et eos ad nos mittatis, ita quod lint ad nos, 
apud Salopiam, inCraJlino Sanftl Michaelis proximo future, nooifcum fupej 
hoc et aliis locuturi ; et hoc nullaterttn omittatis. 
Tejie Rege apud Rotheland, 28 Die Junii. 

Eodum modo, mandatum eft omnibus fubfcriptis* 
Majori et Civ/bus Winton. Balli-vis Nottingham. 

Majori et Balli<vii Villas Nov-i Ca- Ba!!i-vis de Scardeburg. 

flri fuper Tynam. Majori et Ballivii de Grimefby. 

Majori ct Civibus Eborum. Majori <t Balii-vn de Linn. 

Majori et Balli-vis Briftol. Ba'lli-vis de Colccefter. 

Majori et Ci-vibui Exon. Ealli-vi$ et prohis Hominibut de Ger- 

Majori et Ci-vibui Lincoln. nemue. [Yasmoutb] 

Majori et Ci-vibus Cantuar. Majori et brobis Hominibut de Here- 

Majori et Civibus Karleol. ford. 

Balli-vis Norwich Majori et prolis Hominibut Cedri.T. 

Majori et probii Hominibut North- Balli-vit et probis Homintbut Sallop, 

ampton. Majori et froiis Haminibui Wygorn^ 

Sub Forma prxdiElii Mandatum tft Uni-verjii et Singulis I'iceccmitibus per 

Angliam, quod, in quoliket Ccmitatu, eligi faciant duos Milites, de dij'crcti- 

cribui et aptioribut Coir.ita.'ui illius ad Regcm pro Communitate ejufdem Ccrr.i- 

tatus, ventures ; ita quod fmt ad Regem in Craflino Sanfii Michaelis prof - 

ditto, apud Salopiam,' cum Rege fuper hiis et aliis locuturi ; et hoc nullj- 

lenui omittatis, 

Item, fub eadem Forma, Manitatum eK omnibtit fubfcriptis, quod Jtnt ad 
Regem, ad Ditm pradiflum, cum Regc fuper hiis it ali's locuturi. Richardo 
ds Holcbiok, &e. Judicibui, 

e/*ENGLAND. %9 

is a Letter from the King to the Archbifhop of Canter- Kin S E * rd * 

bury, to excommunicate the whole Weljh Nation, dated 

at the Devize^ apud Devizes, Martii 28, An. Reg. 10. 

1282. Next follows feveral Summons to the Barons 

and other Great Men to appear in Arms, with their Vaf- 

fals and Subjects, on an appointed Day, at Chefter, and 

other Places on the Coafts silVales, of fubfequent Dates 

to the former. Our Monkifh Hiftorians fay exprefly, 

that the Battle, in which Lewellyn was flain, happened 

on the i oth of December , in the i ith Year of the King, 

and that his Brother was taken Prifoner on the 22d of 

June following w . All which Teftimonies, with more 

of the fame Nature, which, for Brevity Sake, we omit* 

plainly prove that this Parliament at Shrew/bury was 

called to meet there, in the Year 1283 ; and, as the 

Writs exprefs it, tho' they bear no Marks of the Year 

on them, the Day after Michaelmas > or September 30, 

that Year. 

It feems as if this Parliament at Shrew/bury was call'd [ 87 ] 
with no other Intention, than to fhew the whole Nation 
that the King gave the Weljh Prince a fair Trial ; and 
that the Sentence againft him fhould be given by his 
Peers. David was a Baron in England ; and confe- 
quently eleven Earls and one hundred Barons were com- 
miflioned by the King to try him, who condemned the 
poor unhappy Prince to a moft {hameful and ignominious 
Death ; the Circumftances of which, all duly executed, 
are too fhocking to relate ; who will may read them in 
the Words of an old Hiftorian at Note c , p. 87. The 
Line of Cadwallader being thus intirely cut off, the 
Weljh Nation was wholly fubdued, and added a glorious 
Title to the Englijh Crown ; after many Attempts for ^^j^ f ta 
the Space of 800 Years, the Conqueft of it was re- England. 
ferved for our Edward the Firft, the braveft and the 
wifeft Prince that ever fat upon the Englijh Throne. 
* And it was certainly of great Benefit to both Nations, 
fays an Hiftorian x , for the miferable Contefts and bloody 
Mifchiefs which often happend between them were 


w Walt. Hcmingford. Et tontigit btsc ViEltria A. T(cgni Regis E<!. II. 
10. Die Decembris ; and in the next Page, */ Die S. Albani (June 22) 
proximo Jubfcijuenti captus eft, per Proditiontm ciijufdtnt ex fait, Davidus 
Prir.ccfa, et hei-ro -vincitu tutijjime fer-vabatur ufijue ad ftqucru Ftjlum S", 
iiaclis, ?r. An;ia!es tie Dunftable. 
Sam, Danie! t in Kennel's Hijlory of England, p. 194. 

go The Parliamentary HISTORY 

King </c*/-<n. hereby extinguiflied, and they became one People, go- 
verned by one Law, and under one Prince.' 

At this Parliament, however, fome other Bufinefs was 
done befide the former ; for they granted the King a 
Thirtieth for the Laity, and for the Clergy a Twentieth, 
towards the Expences of the War. 

Here we have a Mill thrown over our Parliamentary 
Hiftory for fome Time ; our Records give us nothing 
to clear it, and our old Monks are confufed and abftrufe. 
A Parliament is feemingly made out by our Statue- 
Books, to meet at Rothland the next Year, May 24 ; 
hut, upon Infpeftipn into them, we find the Statute of 
Rothland is no more than a Writ of the King's own, 
for better regulating of his Exchequer, and no A61 of 
Parliament ; though it has been printed all along as a 
Statute, and, with a falfe Date, copied by the different 
Editors from one another, quite from Toth-iU's old Edi- 
tion down to the laft. The real Date is apud Rothland, 
23 Die Martii, d.R.N.xii. r. 

From Wales we trace the King coming to Brijlol, 
xvhere he kept his Chriftmas^ and as fome fay held a 
Parliament, but not a general but a particular Parlia- 
ment, fay Wykes z , which we take to be no more than 
a great Council ; tho' what particular Things were done 
at it are not mentioned. But this Meeting is confirmed 
by two A6ls of State in Rymcr, one dated at Eriftol in 
December, and the other in January in that Year. Af- 
ter Chriftmas the King was at York, fay the dnnah of 
Dunftable^ and with this an Ac!: dated at York y jan. 12, 
1284, agrees. The Annals aforefaid carry the King 
from hence to Lincoln a , where he held a Parliament, 
and went from thence into Wales. 

AnnoRegnlia. In the King's Progrefs into Wales^ or foon after he 
1284. g t there, a Parliament was actually called to meet at 

At Aft<>n.Burml^^ on ~^ urm ^ a ^ ma ^ Place in Shropjhlre^ where they had 
rro other Convenience to fit in but a great Barn b . But 
why the King (bould chufe that Place rather than 
Sbrewjbury very near it, or any other in the County, is 
unknown. However, to afcertain the Place, the Statute 


y Vid. MadhS* Hiftory -of \\aExtbeqner, p. 656, Note fa) 
z I\'on, jeu general^ fid tanquam particular! tt ipefiali Par* 
fametito Chron. T. VVykes, p. "112. 

' a Et fade tenuit Rex Farliamintum, fuum apud Lincoln, An. Dunft. 
k Lelandi Iti.u. 

of E N G L A N D. 91 

of Attan-'Burnel, fo called, as printed in our Statute- King EdtwJ f. 
Books, jnuft have been made here ; it is called, in the 
old Editions, 13 Efhv. I. tho' it has no Date neither in 
the Preamble nor in the End of it ; but, amongft the 
Statutes made at Weftminjler 13 Edward, we find this 
recited in the Preamble to the Statute of Merchants ; 
and is exprefly faid to be made by the King and his 
Council, in a Parliament held at Afton-Burncl after 
Michaelmas, in the I ith Year of his Reign. We have 
another Authority in Prynne's Collections, p. 311, sV. 
where you find an Act in Favour of the Bifhop of Dur- 
ham, dated at Afton-Biirnel, October the fixth this Year. 
Nicholas Trivet^ alfo an antient Writer c , mentions two 
Parliaments, or two Meetings of the fame, in the nth 
of Edward I. pojl Fcftum S. Mich. Salopiae, where Da- 
vid was condemned ; and at Aflon-Burnel, poji Feftum 
S. Mich. alfo. By the Times of Meeting being fo near, 
it feems moft probable that the laft was only a Proroga- 
tion for the Convenience of a great Room. 

In the Year 1285 another Parliament was called to 
meet at IVeJlminjler after Eafter ; the Annals of f^aver- 
iey, ad An. 1285, fay the King marched in Proceflion 
thro' London to ~ff /r e/lminjier, 1 1 Kal. Mali, and imme- 
diately after mentions a Parliament held there, where Anno Regni 13. 
were made fome Additions to the anlient Statutes of the I28 $- 
Realm, which bear the Title of The Statutes ofJVeft- At lTeflm*JUr. 
ininfter the Second. The Act called Circumfpefte agatis 
was alfo pa/Ted this Seffion of Parliament in Confequence 
of the Clergy's Complaints, becaufe they thought their 
JurifdifHon abridged by fome former Statutes and Points 
to which you have their Complaints at large, printed in 
the Councils*', and you will find there likewife two other 
Sets of Complaints relating to the Proceedings of the 
King's Courts, with the Anfwers and Replies. This 
Statute of Circumfpefle, &c. was all the Relief they could 
get, but was by no Means adequate to their Defires. 

We meet with another Parliament, or a Prorogation 
of the laft, at ffinchf/ler this Year. The Annals of 
IVorceJler fay the King was at Winchcjlcr^ on the Feaft 
of the Nativity of the Virgin, Sfpf. 8, which is con- 

c P. acg, 260. Nicholas Trivet died in 1318. Iliflerical Library, 
* trora the ReJUcr of C'ffard Difiiop of // 'wccjlcr. 

p2 The Parliamentary HISTORY 

King Edward I. firmed by M. Wefiminjler\ who alfo writes, That the 
Statute of Winton was then made ; but neither one nor 
other of thefe Authors mention a Parliament to be there 
sit that Time. The Annals of Waverley however are 
fomewhat clearer; and fay, That the King being at 
Wincbejler, about the Beginning of Oftober this Year, 
put out aStatute for curbing the Rogueries of Thieves 1 . 

[ 88 ] The next Year King Edward went over into France, 
on fpecial Occafions, which detained him three Years in 
AnnoRegni 17. that Kingdom. In his Abfence we find that a Parlia-t 
1289. rnent was held at London^ in February 1289, wherein 
. John de Kirby, Lord-Treafurer, demanded, as he faid, 
'"' by the King's Orders, an Aid for the King's Charges in 
France. But the Parliament anfwered, by the Earl of 
Gloucefter, their Spokefman, ' That they would grant 
* nothing unlefs they faw the King perfonally prefent.' 
Hereupon the Treasurer impofed a Tallage on the Ci- 
ties and Boroughs of the King's Demefnes u . At his 
Return, which was in dugujl 1289, his firft Care was 
o Re ni 18 to re ^ orm ^ evera l Abufes introduced in his Abfence, par- 
' nn Jl g|" 1 * 'ticularly in the Adminiftration. To that End he called 
a Parliament, foon after his Arrival, to meet at Wefl- 
' minjler in 'January following; where the Neceffity of 
reforming fuch great Abufes being propounded, the. 
Judges were all had under Examination, .&nd, upon a 
plain Proof of their Extortions, they were fined to pay 

TheTud es fined thefc ^ ollowm g Sums : 

for Extortion. Sir Ralph de Hengham, Chief Juftice of the King's 

Bench, 7000 Marks w . 

[ 89 ] Sirjoba Lovetot, Juftice of the Common Pleas, 3000 

Sir William Erampion^ Juftice, the fame Sum. 

Sir Solomon Rochejler, Juftice of Affize, 4000 Marks,, 

Sir Richard de Boyland, 4000 Marks. 

Sir Thomas Sodington, 2000 Marks. 

Sir Walter Hoptw^ 20CO Marks. 

The four laft were itinerant Juftices. 
Sir William de Sabam, 3000 Marks, 
Robert Lithcbury, M after of the Rolls, looo Marks, 


* Rex in Prir.dpio Menjls Celebris apud Wyntoniam Statuta quadara 
edidit ad rcfrxnandum Larronum irfidias. An/Wavcrl. 
u Cbron. T. Wykes, p. 117. ' 
' Chran. C T. J'/jkct, p. nS. Cbron. de DurfaMc. Daniel's Hiflorj. 


-Riger Leicejler, 1 000. 

Henry de Bray^ Efcheator and Judge for the Jews , 1000. 

Sir y^/tftf* </ Stratton, Chief Baron of the Exchequer, 
according to Come, (to others, only Chief Clerk of the 
Courts) no lefs than 34,000 Marks. 

And Sir Thomas Wayland, Chief Juftice of the Com- 
mon Pleas, who was found the greateft Delinquent, had 
all his Goods and whole Eftate confifcated to the King, 
and was alfo baniftied for ever out of the Kingdom. 

An ingenious Hiftorian x obferves, that if the laft For- 
feiture was but equal to Sir Adam Stratton's Fine, all 
the Fines together make near 100,000 Marks; a mighty 
Treafure, adds he, to be gotten out of the Hands of fc 
few Men, if it were not probable that the Fewnefs of 
Lawyers in thofe Days made their Practice more advan- 
tageous even in thofe lefs-litigious Times y . 

From this Time the Judges were obliged to fwear, at 
the Entrance into their Offices, that they would take 
no Money or Prefent of any Kind, except a Breakfaft, 
from fuch Peribns as had Suits depending before them. 

A very learned Gentleman, who has favoured us 
\vith his Remarks on the Parliaments in this particular 
Reign z , fays, ' That the King, foon after his Return 
from France^ called a Parliament to meet in "January 
following, and confequently in 1290, 18 Edw. I. The 
Affair of the Judges is placed by all our Hiftorians in 
1289 ; nor does it appear to me, he adds, to have been 
done in Parliament. Tho. Wykes, after mentioning the 
King's having fummoned the Parliament to meet on the 
Feaft of St. Hilary ', [1290] goes on and mentions a Pro- 
clamation, That all thofe who had received any Injuries 
from his Judges, Sheriffs, or other Officers, fhould 
perfonally lay their Complaints before the appointed 
Parliament, where they ihould receive ample Juftice 
(jfaflitttc Complementum) ; and immediately after fays, 
fane qiiidam [f. quldem~\ SummusyufticiariorumdeBancOi 
and fo relates the Crimes and Puniihments of the Judges; 
but, adds our Commentator, upon carefully reading all 


* Sam.Darid. 

7 There were but two Judges out of the v/ho!c Bench that were r. .t 
found faultv, viz.. Join de Mctirgbam and Eliat de Bc'-.ingban, Kc!- 
heaa's Chron. 
The Jats Rsktrt Ihl'^n, Ef<j; Member far Brijlt', 

^j. T *Tbe Parliamentary HISTORY 

King Edward 1. Wykes^ I can find no neceflary Inference that the Judges 

were punifhed in, or by, Parliament. 

: The Annals of IVaverley, ad An. 1289, fpeaking of 

the King's Return, fay he found great Injuftice had been 
done in his Abfence, and great Complaints were made ; 
cito poft Parliament/) apud Weftmonafterienfis omnium 
Procerum convocato, omnes Jujiiciarios ob Officiis amovit ; 

.but this is placed in 1289 ; nor can it, I think, from thefe 
Words, or from thofe in Trivet, who fays, auditis tjhie- 
rimoniif^&c. Rex omnibus exbibens Juflitiam, "Jufticiarios 

fere omnes, de Fa I/state deprehenfos, a fuo Officio depcfuit 
ipfoS) juxia Demerita puniens gravi Mulfio. Tenuit hoc 
Anno Parliamentum, bV. be inforccd to be done in Par- 

The Annals of Worcejler arc filent both as to the 
Judges and the Parliament ; and Henringford mentions 
only the latter, and takes no Notice of the Judges: But 
the Annals of Dunftable are very full in the Affair of the 
Judges ; and what I find in thofe Annals, concludes our 
Annotator, inclines me ftill to think that it was no Par- 
liamentary TranfacYion ; but an Exercife of the Regal 
Power without them, But now to our real Parlia- 
mentary Proceedings. 

It does not appear, from either Hiftories or Records, 
that the Commons, that is the Burgeffes, were called up 
to this Parliament. The Writs directed to the Sheriffs 
were to return two or three of the moil difcreet Knights 
for each County, and were dated June 14, 18 Edw. I. 
[1290] but no Mention of any Citizens or Burgeffes. 
Indeed the Controverfy about this Parliament, and 
what thefe Knights were to do, takes up fo large a Space 
in Brady and Tyrrel y that we muft refer fuch of our 
Readers, curious enough to enter into their Difputes, to 
thefe Authors themfelves, it being the Purport of this 
Hiftory to relate Facts as they happened, and not enter 
into any Cavils about them. 

It appears that there were no lefs than three Parlia- 
mentary Meetings this Year; but whether by Proroga- 
tion, or new Calls, we know not. The firft at Weft- 
minfter, in January 1290, according to IVykes and the 
Annals of Dunftable z . The fccoad, pojl Pafcba, 1 290, 
according to Hemingford and the aforefaid Annals % alfo 

z An. de Durable, publifhed by T. Hearne, p. <6t. ^ 

Man, p. 5 Sz, ?. 

of E N G L A N D. 95 

'by the Statute >uia Emptores Terrarum, &c. dated atKingfaw</I. 

Wejlminfter after Eajhr^ to wit, in the ^ulnzieme of 

St. John Eaptiji. The third Meeting was foon after the 

laft, when the Knights were called, and attended; they 

were fummoned to appear in three Weeks after St. John 

BaptijL The two laft of thefe Meetings, fays an Ail- 

thor y of great Credit, were, by Adjournment, to two 

Towns ; the one in the County of Bucks, the other in 

Northampton/bin z . 

An Aftair of Confequence came before this Parliament, f qo 1 
which was the entire Banifhment of the Jews out of the 
Kingdom. The Nation had long defired it, but the The Jews ba 
'Jews ftill found Means to divert the Blow, by large Pre-nifhed. 
ients to the King and his Minifters. They wanted to 
play the fame Game again now, but could not do it, the 
King being unable to protect them any longer, and un- 
willing to rifque the difobliging his Parliament on their 
Accounts. Accordingly the Act of Banifhment was 
pafled, whereby their immoveable Goods were confif- 
cated ; but they had Leave to carry away the reft with 

There feems to be two different Tranfactions, in this 
Parliament, relating to the Jews ; one to reftrain their 
Ufury, &V. and the other to ordain their Banifhment. 
Lord Coke in his Inftitutes, on the Statute de Judaifmo^ 
afTerts the one, and the laft is proved by the Ac! made on, 
purpofe for it a . The Number of thefe banifhed *Jews+ 
according to Mat. IVeftminJler, were 16,160 j and the 
Parliament were fo well pleafed to get rid of thefe Ex- 
tortioners, that they readily and willingly granted the 
King an Aid of a Fifteenth, and the Clergy a Tenth, out 
of all their Moveables ; and joined with the Laity in 
granting a Fifteenth of all their Temporalities, up to 
their full Value, to make the King fome frnall Amends 
for the great Lofs he fuftained by the Jews' Exile. The 


y There are no lefs than forty-fix different Pleadings in Ryley, on Peti- 
tions, &c. on private liufinefs tranfadled in this Parliament, and at two 
Adjournments of it, to Clipjion and AJhruggi, The fame Author has given 
feveral Pleadings, on private Property, at a Parliament held at London, this 
Day after Epiphany, in the aoth Year of this King j but we find no Men- 
tion of it in any Hiilorian, wiiatfoever. Rylej\ Placua Part. An. 18 and 
19 Edw. I. N 

z Clipftin and AJhruggi. There are two Townt of the fame Name in 
each County ; only the latter, in the Namina Villarum, is foclt Afiiidg. 

SfC Statutes tt large, 

96 The Parliamentary HISTORY 

.]i n g was not ungrateful, neither, in his Remembrance 
of the Parliament's Benevolence to him at.thisTime; for, 
feveral Years after, viz. in the 34th of his Reign, when 
he demanded an Aid for knighting his eldeft Son, and 
carrying on the War with Scotland, he exempted all 
fiiofe Perfons from paying it, who had contributed to- 
wards the Fifteenth granted to him by Parliament for 
theExpulfion of the Jews in the igth Year ofhisReign d . 
To conclude the Bufinefs of this Parliament ; the 
King had an Aid granted him for the Marriage of his 
cldeit Daughter, called Joane de Acres^ from the Place 
of her Birth, to Gilbert Earl of Gloucefler^ a Nobleman 
of vaft Lands and Pofleflions. This Aid, however, was 
not levied till long after it was granted ; and there is a 
a Writ to the Sheriffs for collecting it in Rymer % dated 
at Weftminjler fome Years after, occafioned by the long 
and tedious Proceeding in the Court of Rome, to gain a 
Difpenfation in regard of the Princefs's near Confangui- 
nity to the Earl's firft Wife. Laftly, you have, in the 
Jlnnah of Dun/table, a Record, dated at Weftminfter* 
May 27, this Year, by which it appears that the Statute 
de SHiaranto was made, or granted, by this Parliament f . 
Edward having now his Coffers full of Money by ail 
the aforefaid Fines of the Judges, Confifcatkins, and 
Taxes, began to turn his Thoughts on gaining a Con- 
queft much greater than the laft, and to unite the Crown 
of Scotland to his own. Upon the Death of Alexander 
the Scots King, and his Grandaughter Margaret, with- 
out Heirs, the Crown of that Kingdom fell into Contro- 
The San Crown V erfy. No lefs than twelve Competitors ftarted at once-, 
JuKSS Uw w ^ were a11 defcended from David Earl of Huntingdon, 
.Arbitrator. * the younger Brother of William King of Scot;, who was 


<* Et quod in taxando Sana predi&a, excipiantar on:ti!a qua in Taxations 
j^rna. aCommunitate Regni D. Reg't Anno Regni fui 19, conceJJ'a, propter 
Exilian Judeorum, fuerunt exccpta. Petyt'j Rights of the Commons, 
p. 17 z, in Appendice. 

c Feed. Ang. Tom. II. p. 912. By this Writ it feems as if the Com- 
mons were not called to this Parliament. The Words are, Sciatis quod 
tumpritno Die Juhii, An. Reg. no/}. 18, Prclati, Cemites, Barents, et c.tcri 
Magnates de Regno noftro, concorditer, pro /< et tola Comnrtinitafe ejufaeits 
Rfgni, in pleno Parliamento noflro, nobh esncfjjerint xl Solidos, He Jingnlis 
Fcedh Militvm in Jiflo Regno, ad Auxilium de primogcritam F ilium no/traDi 
tnaritandam, levari ficut bujiifmodi Auxilitim aliai in cafu conjimili concej- 
fum le-vari ccnfuevit ; tujut quidem Auxilit Icvationi faaendts, pro dicta? 
Communitatis Aifamtnto bucufoi fuferfcdimiis graiiofe. AffignavimuS) fc 

f dnnlti de Dunflalile p." jSa. 

of E N G L A N D. 97 

Grandfather to the late King Alexander. Edward, pre- Kiag Edward I. 

tending a Right of Superiority over that Kingdom from 

his Anceftors, undertakes to decide the Quarrel. The 

Regency of Scotland, to avoid greater Inconveniences, 

were forced to make him Arbitrator, and the fix chief 

Competitors to ftand to his Award. John Baliol, Lord [ gi ] 

of Galloway, and Robert Bruce, Lord of Annandale^ 

both defcended from the aforefaid David, had the plaineft 

and moft indifputable Claim. How Edward play'd his 

Cards in the managing his real Intention betwixt thefe 

two Claimants, is told at large in moft or all of our 

Hiftorians, and is needlefs here. But fomewhat is ne- 

eeflary to premife concerning this Scots Affair, becaufe 

the Courfe of our Parliamentary Inquiries is very much 

eoncern'd in it. 

The firft Step that Edward took in this Matter was a 
peaceable one, which was to infure the Succeflion of the 
Kingdom of Scotland to his Pofterity, by a Marriage be- 
twixt his eldeft Son, Prince Edward, and Margaret^ 
Daughter of Eric King of Norway, by Margaret the 
only Daughter of Alexander, who was, at her Grand- 
father's Death, the undoubted Heirefs to the Crown of 
Scotland 5 . The King fent Meflengers into Norway to 
treat about this Marriage, and Eric gave his Confent fo 
far as it was confiftent with the Defires of the Scots No- 
bility, sV. and the Good of that Kingdom. The Ar- 
ticles on which this Marriage was to have been confum- 
mated are at Length in Dn Brady, and are unneceflary 
here. But this grand Dcfign was totally fruftrated by 
the Death of the young Queen of Scotland, in her 
Voyage towards England for that Purpofe, which left 
the Field open for the reft of the Competitors to purfue 
their feparate Claims. 

Edward now had another Game to play ; and that 
was to pretend a Right to an abfolute Dominion over 
the Crown of Scotland, in Cafe of fuch an Accident, Anno R egn j ao< 
and to fet up himfelf as Umpire in the feveral Contefts 1291. 
for that Crown. To that End he fummoned a Parlia- 
ment to meet at Norbetm, on the Confines of the two At Norlatn, 
Kingdoms; and on the loth of May, 1291, by the 
King's Command, the Nobility, Prelates, Knights, and 

VOL. 1. G many 

C She was called the Maid of Ntrway, Queen of Scotland, Sudan, 

p8 'The Parliamentary HISTORY 

King Ed-ward I, many 'others of -both Kingdoms, met at that Place h ; 

where Roger Brabanzon, or Brabaran, Chief Juftice of 

r 02 -I England^ in the Prefence of a public Notary, and Wit- 

" neffes purpofely called, in the King's Name, told them. 

that, ' He taking Notice in what Confufion the Nation 

had been fince the Death of Alexander, their Jaft -King, 

and his Children, (out of the Affeclion he had for them 

* and all the Inhabitants thereof, whofe Protection and 

* Safeguard was well known to belong to him, and for 

* the doing Right to all that claimed the*Ktngdom and 
' the public Peace ; to fhew them his Superiority and 
6 diret Dominion, out of divers Chronicles and Monu- 
ments, preferved rn feveral Monafteries) purpofed tc* 
6 ufe his Right ; but yet to do Juftice to all, withoafi 
6 Ufurpation or Diminution of their Liberties, and to 
demand their AfTent to, and Recognition of, his Supe- 
* riority and direct Dominion over them.' 

The Chief Juftice having ended his Harangue, and 
the Scots Lords there prefent undemanding his Meaning, 
they required Time toconfult with fuch of their feveral 
Orders as were abfent ; which the King granted them 
to the next Day only. Accordingly the next Day, 
May II, they all met again in the Church of Norham^ 
and then they earneftly prefled the King to give them 
longer Time to confult with fuch as were abfent, and 
anfwer to his Demands concerning their Recognition of 
his Superiority and direct Dominion over the Realm of 
Scotland, which he had claimed as his Right *. Upon 
Deliberation, the King gave them Time till the 2d of 
June next, and on that Day, precifely, they were to 
anfwer to his Demand ; and if they had any Evidence, 
Waitings, or Antiquities, which could exclude him from 
his Right aforefaid, or overthrow his Reafons and Ar- 
guments for it, they were then to exhibit and fhew them j 
protefting he was ready to allow them what the Law 
permitted, and would do what was juft and equitable. 

And that they might the better underfiand his Title, 
and make their Objections againft it, the Biftiop at Dur- 
ham k was appointed to declare it to the Nobility and 


k Cengregatis apud Nbrham, ad Regis Mandatum, utriufquc Regni Nobi- 
litat et cum Prelatis, Milititus et perpluritntt aliis in Multitudine copiofa 
Mat. Weftm. fub hoc Anna, 

i S!uod d:cebat eff'e Jut fuum. Mat. Weflniinfier. 

k Antbcny S,ck. 


Prelates there prefent. The Declaration he made, 
the Arguments he ufed, were hiftorical, and taken from 
the Manufcripts; of Marianus Scotus, William of Malmf- [ 93 ] 
bury, Roger de Hoveden, Henry de Huntingdon, Ralph 
de Diceto, and the Chronicle of St. Albans, [which is 
M. Paris'] ' That the Scots had been conquered by feve- 
ral of our Saxon Kings; that feveral of their Kings had 
fubmitted to them, fworn Fealty, done Homage, and 
received the Crown and Kingdom from them ; and 
that the Scots had alfo fubmitted and been governed by 
fuch Kings as the Engli/h-Saxon Kings had given that 
Kingdom to, and placed over them ; that after the 
Conqueft the very fame Things had been done, fub- 
mitted to, and complied with, in the Reigns of Wil- 
Ham I. and II. Henry I. Stephen, Henry II. Richard I'. 
John, and Henry III.' 

Thus this Affair (lands in our firft Edition of this 
Work ; but we have fince feen a Copy of this Inftrument, 
at large, collected and printed by the voluminous Mr. 
Prynne ; and large it is, indeed, being contained in many 
Sheets of a huge Folio Volume, with a Preface to it drawn 
up by himfelr". The Curious may perhaps not be dif- 
pleafed if we give them a Tafte of this Performance, and 
(hew them that our Great King Edward deduced his 
Claim to the Dominion of Scotland, a nubibus, as it were ; 
that is, from the Times of the High Priefthood ofjudea 
under Eli and Samuel; and that the idle dreaming Story 
of Brute and his Trojans was at that Time authenticated 
and made real, by the whole Legiflative Power of Eng- 
land. An Abftracl: from the Preamble to this may be feen, 
by thofe that pleafe to read it, under this Note J . 

G 2 After 

I, Qualiter fub Tempcnbus Eli et Samuelis Propbeta Vir yui- 
dan Jlrer.uut ac in/ignis, Brutus Nomine, de Genere Trojanorum, poft Exci- 
diuin Urb'n Trojae, cum rr.ultis Nobilibus Trojanorum in quondam Infulam 
tune Albion -voca'am, a Gigantibui inbabitatam^ cuibuf Jua et J'ucrurr. de- 
viatts Potentia et occijis, earn Nomine fuo Britanniam, fociofque fuos Bri- 
tones appella-vit Et ttedificavit Cii/itatem quam Troinovantum noncupa- 
vit, ijiiiX Modo Londonia appellatur. Et poftea idem Brutus difiam Injulavi 
in tra Pjrtes dividens, earn tribui fu i I Fill is relief ait pojfidendam, Logrino, 
vide licet, Albinafto et Cambro: Logrino vero qifia primagcwto illam Par- 
tern Biitannire quse nunc Any;lia vacatur, turn Supenoritate et Dominio Par' 
iruir.j Albanifto -vero f'cu ndo fuo nato illam Parttm Britannia:, 
yute nunc a b!t,mine AlbanacfH Albania dicia, nunc vero Scotia nomupatur j 
Cambro ver tertiofuy p'ilio Partem illam qua: tune fuo Cambria, nunc veto 
VVallia, t/ofitttrur ; refervato tamen Logrino feniori regia ftmper Dignitate* 
Pctebat tnim Troiana Confuetudo quod Dignieai Hereditatii Primogenito prd- 
'-cnint, tiiennio -vert pojl Menem Bruti affl;cuit in AlBinia yui'Jem Rtx 


joo The Parliamentary HISTORY 

King EdwardI, After the King of England's Title to the Dominion of 
Scotland had been thus declared and publiflied, on the 
fecond of June the Bifliops, Prelates, Earls, Barons, bV. 
reprefenting the whole Community of Scotland, met, in 
order to make the beft Claim they could to their own 
Country, fays our Authority, in a green Plain on the 
Banks of the Tweed, dire&ly oppofite to the Caftle of 
Norham, where Edward then refided m . To them was 
fent the Bifhop of Bath and Welh % to demand, in the 
King's Name, * What they had done fince the laft 

* Meeting, and whether they would fay, exhibit, pro- 

* pound, or fhew any Thing that could or ought to ex- 
' elude the King of England from the Right and Exer- 
" cife of the Superiority and direct Dominion over the 

* Kingdom of Scotland; and that they would there and 
*' then exhibit it, if they believed it was expedient for 

* them ; protefting, in the King's Name, that he would 
' favourably hear them, allow what was juft, or report 

* what was faid to the King and his Council ; that upon 
their Deliberation they might do what Juftice require!.* 

Upon repeated Demands on this Matter, the Scots 
E 94 ] anfwered nothing; whereupon the Biihop recapitulated 
all that had been faid, at the laft Meeting, relating to 
the King's Claim ; and a Public Notary being prefent, 
the Right of deciding the Controverfy between the feve- 
ral Competitors for that Kingdom, was entered in Form 
for the King of England. 

After which the faid Bifhop, beginning with Robert 
Bruce, Lord of Annandale, and one of thofe that claimed 
the Right of Succeflion to the Crown of Scotland, he 
afked him, in the Prefence of all the Bilhops, Earls, Ba- 
rons, &c. ' Whether, in demanding his faid Right, he 
would anfwer and receive Juftice from the King of 

* England, as fuperior and diredt Lord over the King- 

' donv 

Hunnorum, Nomine Humbcr, ft Albinaftnm Fratrem Logrini oecidit. !%u- 
eudito Logrinus Rex Britannorum perfecutus tji turn, yui ~fugiens fubmerfur 
eft in Tlumina quod de Nomine fuo Humber vocatur, et Jic Hlbinia rt-vcr- 
litur ad ttifium Logrinum. Iltec autcm in Hifloria Bruti. Item in Cbro- 
mcis Mariani Scoti, Roger! de Hoveden, &c. Bft. Prynne'j Supreme Ju- 
rifdiflion, 6fc. Vol. III. p. 490, 491, &c. Folio, Load. 1670. 

m Congregatii ex oppcfilo Caftri de Norham, ex alia Parte Flumini* 
Tweci* in qnodam Arta viridi, pifcoph> Prelatis, Comitis, et Barents, 
eliifquc Noktlibm firis, Jiis ad dilum Regnum vendicantibus, &c. Rot. 
4e Supericritatt Regii Anj. in Turrt Lond, Vidt Brady's Complete Hijlory, 
1F1. II. p. 19. 

Rabat Surnet, 

f ENGLAND. 101 

* dom of Scotland?' Who prefently, publickly, openly, Kin S </Wflrrf k 
and exprefly, in the Prefence of them all, and the Pub- 
lic Notary, none contradicting or gainfaying, anfwered, 

* That he did acknowledge the King of England fupe- 

* rior and direct Lord of the Kingdom of Scotland, and 

* that he would, from and before him, as fuch, demand, 

* anfwer, and receive Juftice.' 

The Bifhop then proceeded with all the other Com- 
petitors in like Manner, who had the fame Queftion put 
to them, and -received from them the fame Anfwer; and 
they did not only make this public Recognition, but 
they all joinecj in Letters Patent to the King to corro- 
borate the fame d . 

The Confequence of all this was, that the Affair of 
the Succeffion to the Crown of Scotland was debated by 
Commiffioners of both Nations to the Number of Four- 
fcore in all ; and the King was to give Judgment ac- 
cording to Equity and Juftice. The Difquifition of this 
Matter is amply taken Notice of by ;noft of our more 
modern Hiftorians j and as the Englijh Parliament had 
yet nothing to do with the Controverfy, it is unnecef- 
iary tare. But at the Time that Edward had appointed Aa * i f*JJ 1 ae * 
to give Sentence in this weighty Affair, a full Parlia- 
ment was fummoned to meet at Berwick upon Tweed* ', At Strwick. 
where all the Commiffioners appeared, as well as all the 
Candidates, by themfelves or Proxies. The Competi- [ 95 ] 
tors were, Eric King of Norw ay, Florence Earl of Hoi- 
land, William de Vefey, Patric de Dunbar, William de 
Ros, Robert de Pinkeny, Nicholas de Sautes, Patric Go- 
lythly, John Bahal, and Robert Brace. All, except the 
two laft, declared that they did not intend to profecute 
their Claims any further, and withdrew their Petitions: 
Upon this the King declared that they had no Preten- 
iions to the Crown of Scotland. Jobn Cotnyn and Roger 
de A4andeville, not appearing to maintain their Claims, 
they were likewife rejected. After which the King 
pronounced, that John Comyn* John de Hajiynges^ and 
Robert Bruc; y who had each of them claimed a Right of 
G 3 a 

d Thcfc Letters Patent ?re preferved in Mattbno Wejhtitjltr, and in 
Brady s C6mf,'e:e Hijiory, Vol. II. Afp. N. ii. 

e Sec the Sentence at large in's Ftederadngli*, Tom. II p. 588. 
\k//<r Tv:sdn, in Aula Cajiri t-ufdtm l'ilt<e, in flent B*r- 

102 he Parliamentary HISTORY 

Kins Edward I, a third Part of the Kingdom, had no Right to any Part, 
becaufe the Kingdom of Scotland could not be divided. 

There were no Claimants remaining now but only 

John j?*//o/de- John Ballot; and he was accordingly declared, in full 

dared in Parlia- Parliament, to be the only Perfon that had a Right of 

Sw" S f P^ eflion f - ^dward therefore adjudged the Crown of 

'"* * Scotland to him ; faving, however, to himfelf and Suc- 

ceflbrs, the Right of profecuting their Pretenfions to the 

faid Kingdom, whenever they thought proper 6 . Then 

he addrefled himfelf to the new King, and told him, 

* That he fhould take Care to govern his People with 

* Equity, left, for want of executing Juftice, the Sove- 

* reign (hould be obliged to make ule of his Right to 
' redrefs their Grievances.' After this he appointed him 
the Thurfday following to fwear Fealty, and Chrijimas- 

And performs ~ next to do Homage to him at Newcaflle ; which 

Homage to ha- ' i- i j n "*** i 

ward for that were both accordingly done in very irrong 1 erms, and 

Kingdom, with great Solemnity h . 

But the Majority of the Scots Nobility, &V. were by 
no Means pleafed with the Award of the King of Eng- 
land, and blamed him highly for his Partiality in the 
*. qg Affair. Befides, they began now to fmell out Edward's 
Defign ; which was to embroil their Nation in a Civil 
War, and to make his own Advantage of it ; for tho' 
Ballot's Title to the Crown feemed to be the flrongeft, 
yet Bruce was the greater Favourite of the Nation. But 
whether Edward's firft Defign was an entire Conqueft 
of Scotland, or only to eftablifh the Supremacy of the 
Engliji) Kings over that Nation, we find is a Queftion 
not clearly anfwered by our Hiftorians. The Public 
Aft> have given us a Proof, that Ed-ward's Claim to Su- 
premacy over Scotland was not well grounded : For, ex- 
cept the Homage done by William^ the Scots King, to 
Henry II. as mentioned before, there was never any 
other Proof of Homage made by the Kings of Scotland 
for the whole Nation. As a Teftimony of this, the 


f Baliol was defcended from the eldeft Daughter of David Earl of Hun- 
tingdon, wheieas Bruce fprung only from the fecond. TheCuftom, as well 
of England as Scotland, was, tha' the Defcendant of the eldeft Daughter, 
tho' more remote, was preierabJe to a neaier coming fiom the youncer. 

Salva Jure ejufdem Domini Regis Angliae, et Hcfredum fuorum cum. 
voluerunt inde loqui, Rymer't Fadera Anglia;, Tom. II. p. 589. 

h Apud Novum Caftellunn fupcr Tynam, in Aul Palatii ifjius Dcmiti 
Regit infra Caftruw ) &c Ibid, p, 593. 

of EN GLAND. 103 

Collection aforefaid gives us an Inftrument, whereby weKingFiftvWL 
find that Edward's High Chamberlain having demanded 
of Baliol the Fees due from the Vaflals when they did 
Homage, there was no Precedent of them to be found; 
So that Edward was forced to call a Parliament at IVejl- 
minfler foon after, where, by their Advice, he fixed the 
Fees at Twenty Pounds Sterling; which was double the 
Sum paid by an Earl on the like Occafion '. 

It was not long after this that Baliol found the bad 
Effe&s of his Subjection, being often furnmo'ned to ap- 
pear before Edward in Perfon, on the bare Complaints 
of private People ; by which he was become rather the 
abfolute Slave than VafTal to the King of England. And, 
in a Parliament held about Michaelmas 1293, this King 
of Scotland was obliged to ftand at the Bar, lilce a private 
Perfon, and anfwer to an Accufation brought againft him, 
for denying Juftice, and imprifoning the Earl of Fife k . 
This was a great Mortification for a Crown'd Head, but [ 97 ] 
Edward was bent upon {hewing him, by this Conduct, 
what he was to expect from him for the future. Baliol^ 
in Plea to the Accufation, alledged that, as it concerned 
his Crown, he could not anfwer to it without firft advi- 
fing with his Subjects l . This Excufe not being deemed 
valid, the Parliament ordered that three of his principal 
Catties ihould be feized into the King's Hands till he 
gave full Satisfaction m . The Englijb Authors affirm, 
that, before the Sentence was pronounced, Baliol pre- 
fented a Petition, acknowledging the Sovereignty of the 
King of England over Scotland^ and praying Edward to 
allow him Time till he could confult his Parliament n . 
As foon as he had ftoop'd Ib low as to petition, his De- 

Rymcr's Fted. Tom. II. p. 600. 

A Copy of this Award is ajfo amongd the Parliamentary Records, in 
Lord Wilmington s Copy of them, from Rot. clauf. 22 Ed-a>. 1. m. 8. dorfo. 

fc Buchanan pretends that it was by Accident that Halizl happened to be 
in that Parliaments His Words are, ' As Baliol was casually fitting by 

* Edward in the, and when he was called would have 

* anfwe.ed by a Prowler, it was denied him, fo that he was forced to rife 

* from his Seat, and to plead his Caufe trom a lotver Place.' Buchanan's 
Hiftory of Scotland 

1 The whole Procefs, after the Summons, of this Matter, relating to 
Macduff, the Son of Malcolm Earl of fife, is at large in Rj/efs Pladta 

m TI.e (Jaftles we 
u The Petition 
Council, and dclive 

92, C7c. 

c thofe oijcdburgb, Berwick, and Roxlurgb. Rymer. 
: as made by his own Mouth, before the King and 
ed in Writing. The Form of it is in Rylty\ Placit* 
59, iu r.iencli, tranllsteci bjlyntl, Vol. 11. p. 76. 

104 73* Parliamentary HISTORY 

King Ed-ward l. mand was granted, and a certain Day was affigned him 
to appear. The Scots King went back into his own 
Country, but fo incenfed at the Affront he had received, 
that he was bent upon trying all Means to free himfelf 
from fo intolerable a Yoke. 

But, while we are thus attending Scots Affairs, we 
jnuft not forget the Englijb ; and we find in our Statute 
Books fome Laws that were made in the Year 1290, 
2O Edw. I. The firft is 

The Statute of Vouchers, &e. by his Counfel or- 
dained, that from henceforth, that is, from the Feaft of 
St. Hilary, the 20th Year of his Reign. Sine Loco. 

2. Statute of Wafte.The King in his full Parlia- 
ment holden the Day after the Feaft oi Purification, the 
20th Year of his Reign. Sine Loco. 

3. Statute of defending Right. Done in full Parlia- 
ment, Monday next after the Feaft of Purification, the 
20th Year of his Reign. 

None of thefe Statutes mention the Place where they 
were made. There are two Adts of State, in Rymer, of 
this Year ; the one of Jan. 2, the other of March 26, 
both dated at Weflminjler ; but whether in the Time 
of this Parliament or not, is uncertain. There is 
alfo, in the Margin of the Manufcript of the Annals of 
Dunjlable, from which T. Hearr.e publifhed his Edi- 
tion, [p. 598] a Memorandum to this Purport, Hoc 
placitatur cor am Rege, et in Parliamento fuo Termino Hi- 
larii, An. 20 Ed. I. Rot. 14, which agrees with the above 
Dates, as alfo with what is quoted from Ryley, at Note y 
[p. 90, 95] above a ; and this is all the Information we 
can get from old Hiftorians about this Parliament. 

The next Year, which was the 21 ft of Edward I. 
1293, we have fome Evidences of another Parliament 
being held, wherein two other Statutes were made, as 
appears by Rajlell : One, the Statute of Perfons to be 
put in Affizes, in his Parliament holden in the Term of 
St. Michael, the 21 ft of his Reign ; the other, the Sta- 
tute of Trefpafles in Parks, in his Parliament after 
Eajler, in the 2ift Year of his Reign, at the Inftance 
of the Nobles of the Realm. 

The Annals of Dunjlalle mention this Parliament 

held after Eafter this Year at London ; and The. Wykes 

a Sec alfo Note i [p. 96, 103]. fpeaks 


fpeaks of a great Aflembly, Colloquium^ at the 
Time. The other Hiftorians are filent. Mr. Ryley 
indeed gives us feveral Pleadings, which he fays were 
in a Parliament held this Year, after Eafter^ apud Lon- 
don, in Manerium Arcbiepifcopi Eborum ; but fince Par- 
liaments about this Time come fo faft upon one another, 
we know not what to fix on for thefe Tranfactions * 

In the 22^ Year of this King we meet with another 
Parliament, or great Aflembly, which was very remark- 
able in its three diftinct Summons b . The firft to Weft- 
niinjler, foon after l^hitfuntide^ to the Nobility ; the 
fecond of the Bifliops and Clergy at Wefiminfier, in Fejio 
S. Matthxi ; and the laft, in Crajlino S. Martini, of 
the Laity. The Writ for fummoning the Clergy is 
extant in the Public Afts^ Tom. II. p. 652, dated at 
Portfmouth, Auguji 19, this Year ; wherein not only the 
Bifhops and Abbots, but the whole Convocation were 

Our oldeft Hiftorians mention this Parliament with 
feme Variation ; the Times were very much confufed, 
and confequently the Writers of them could not be 
much better. Probably the Scots Wars, which began 
about this Time, occafioned this Inconfiftency amongft 
them ; and as thole Wars are very connective with our 
Parliamentary Hiftory, we {hall follow them as clofely 
as the Nature of our Subject will bear. "John Baliol* the 
new King of Scotland, was greatly incenfed againft King 
Edward for his laft ill Treatment of him, as has been 
laid, and therefore rcfolved to {hake off his Yoke as 
foon as poffible ; and about this Time an Accident 
happened which encouraged him greatly in his Revolt. 

The King of France had, by a Stratagem, feized up- 
on the Diftrict of Guienne^ in Normandy^ on fo flight an 
Occafion as a private Quarrel betwixt fome Englijb and 
French Mariners. Edward acquainted this Parliament 
with the Lois of Guienne, and the ill Ufage he had re- 
ceived from the French King. "John, King of Scotland, 
was prefent at this Parliament ; and, when they were 
told by Edward's Ambafiadors the {huffling Anfwers [ 98 ] 
they had from the French King, it was unanimoufly 


a Rf/t/s Pla:ft. Parl. p. 1 14. 

fc Archbifhop Wake. 

Circa Pentccojhn, Annales ffj-gcrn. 

io6 T&e Parliamentary HISTORY 

King Edward I, yefolved to recover the Duchy of Guitnne by Force of 
Arms P. John Baliol himfelf granted to Edward, to- 
wards the Expence of this War, the Revenues of his 
Paternal Eftate in England for three Years ; a Copy of 
his Countenance only for that Time. For, 

S*W revolt* j Notwithftanding this Conceffion of the Scots King, 
he hoped for greater Advantages from this Rupture; and 
accordingly he concluded a fecret Alliance with the 
King ofFrane/t and promifed to invade England as foon 
as Edward tranfported his Armies abroad. Edward 
got Intelligence of this Plot, contrived againft him at 
Paris, by Means of Prince Edmund his Brother, who 
was juft returned from thence; and therefore the King 
afked an Aid from both Clergy and People, to enable 
him to raife Forces to withftand thefe dangerous Enemies. 
On which the Laity readily gave the King a Tenth of all 
their Goods, except fome fmall Jewels ; but the Clerey 
more liberally and chearfully d gave him one Half of 
theirs, indiftindly, according to the Taxation made by 
the Bifliops pf Wmcbejler and Lincoln. The Merchants 
alfo of the Realm contributed a Seventh of their Goods 
for the fame Purpofe c . 

This liberal Grant to the King from the Clergy did 
not, however, fave them from further Depredations ; 
for, very foon after, he made a Seizure of all the ready 
Money and Treafure he could find depofited in Churches, 
Monafteries, &c. throughout England in one Day f ; by 
which he muft have amafled a vaft Sum : And being 
flufhed with thefe Acquifitions, Edward defied all his 
Enemies ; and fent two Dominican Friers into France^ 
to renounce all Homage to the King thereof, which 
was due to them from the Kings of England, fince the 
Time of the Conqueft. The original Meflage in French 
is in the Public Aci^ ad Ann. 1294, but without any 

Other Writers, and thofe Monks too E , tell you that 
the Clergy were not fo free in making fo large a Grant 


? Mt. Weftminfler, fub loc Anno. 
** Liberal! ter & gratanter. 

Annaies 1. ygorti. p. 515. de Dunftalh, p. 6az, 623. 
f Htaangfard, p. 43, ' a d An. 1203, 4. Die Juiii, hera 3*. The 
King fe'zed all their Wool alib, and kept it till it was redeemed at a fixed 

Mat, Wejlminjler. Annal. Wygwn* 

^ENGLAND. 107 

as the King demanded of them ; but that when 
were debating about it, a certain Knight, called Sir John 
Havering, vho had been Governor of Guienne, came 
amongft the Clergy, as they were fitting in the Monks' 
Hall at IVejlminjler, and faid, by Authority no doubt, 
4 Reverend Fathers, if any of you dare to contradict the 
' King's Commands in this Bufinefs, Jet him ftand forth 

* in the Midft of this Affembly, that his Perfon may be 
4 known and taken Notice of, as a Breaker of the Peace 

* of the Kingdom.' At which Words they all fat filent, 
and made no Oppofition to the King's Demand, as 
they had often done in the Time of his Father. 

They had the Courage, however, on the Credit of 
this extraordinary Grant, to afk the King foon after 
for a Repeal of the Mortmain A61 ; to which the King 
anfwered, That it was done in full Parliament, and 
could not be repealed but in another h . 

In the Courfe of this Parliament and of fome prece- 
ding, we do not find many Traces of what different 
Members they were compofed, the Writs for calling 
them being loft. The lower Order being moftly com- 
priz'd in the general Word Populus ; fo Magnates, Clerus 9 
et Populus, contains all the three Orders, as delivered 
down to us by our Monkifli Writers. Prynne, in his 
P^egifter, Part II. p. 31, mentions two Writs from the 
King to the Sheriff of Northumberland ; [clauf. 22d of 
Edw. L m. 6. dorfo] the firft dated Ofl. 8, at Wefl- 
minjler, to fend two Knights ; the next* O^u^r 9, ibid. 
to fend two more Knights, who were to be at Wejlmin- 
fter in Graftino 5. Martini ; but no Mention of Citi- 
zens or BurgeiTes. Dugdale, in his Summons to Par- 
liament, p. 7, has publifh'd the lame Writs with Prynne^ 
and from the fame Rolls, but in different Words ; 
for he cxprefly fays, Et de qualibet Givitate, ejufdem 
Comitatus, duos Gives, et de quolibet Burgo duos Bur- 
genfes. If this laft be right, it is fome what ftrange that 
Mr. Prynne fliould mifs it, who collected every Thing 


l> Walter Hemlngford, p. 52, &t. ConJiHo Mjfrnatum faorum fafiunt 
trat t el uieo ably; tor um Conjih'o non erat re-vocandum, 

It is fo'd that William Montford, Dean of St. Pjul's, had prepared a 
Speech to work the King to a milder Resolution. The Man feem'd to be 
very well wtvn he cume to Court ; but alter he was brought into the Fre- 
fence, and had be2 un hjs Harangue, he : .xpircd, Mat. 

io8 The Parliamentary HISTORY 

.that was in Favour of the Houfe of Commons relating 
to the Antiquity of that Houfe. - But to return to the 
Hiftory of Scots Affairs. - 

King Edward, as we have faid, having got this large 
Supply from his People, inftead of France, intirely bent 
his Mind on the Conqueft of Scotland, which would be 
of much greater Importance to him than the other. But 
to prevent the King of Scotland's Defigns, he demanded 
of him the three Cafiles aforementioned, which Balicl, 
to amufe and gain Time, actually delivered him s . So 
fays an A6t of State in Rynier ; but, notwithstanding 
that, it does not appear that the King of England had 
thofe Caftles in Porte/lion till he had conquered all. - 
Hemingferd, who is very particular in this TranfaiEtion, 
tells you the Demand of them was defpifed ; and gives 
us a Copy of the Refignation, or Difclaim of Homage, 
which he fays was delivered to King Edward zt Berwick, 
after he had taken that Fortrefs by Force of Arms. And 
being now affined of his Revolt, Edward loft no Time 
with him, but marched his whole Army directly for 
Scotland; and ' Baliol, being certain of ArTiftance from 
France, bids Defiance to King Edward, renounced his 
Oath and his Allegiance, as unlawfully promifcd ; al- 
ledging that it was not in his Power, without the Con*- 
fent of the States, to do any fuch Acts. 

I 99 J ' And now, fays an Hiftorian 1 , began the Contefts 

' between the two Nations, which fpilt more Chriftian 

* Blood, did more Mifchief, and continued longer than 
' any Wars, that we read of, between any two People 
' in the World : For all the Kings which fucceeded for 

* three hundred Years together, even to the blefled 
' Union of them by King James I. had their Share more 
' or lefs in this Quarrel. And though England, being 
' much the greater and ftronger Nation, had the good 
' Fortune often to overcome, yet it was with fo great 
' Expence of Blood, Time, and Treafure, that what 

* (he got coft more than it was worth, and was fooa 
fc loft again ; the Scots being never fo fully fubdued, but 

* that they were foon for recovering their Liberties again, 
' and that with Succefs. So that Providence may feem 
' to decree no Union firm between thel'e two Nations, 


* See RymeSs Feed. Tom. II. p. 692. Waller lltmirgford, p. 83, 84. 
Xicbvlas 1 rivet. 

3*tr.. Dtiniil in Kennet. 

^/ENGLAND. 109 

that was made by Force, but by the milder Way of KingWHwrfl. 
* Peace and Succeffion.' 

We (hall purfue thefe Scots Wars no farther than is But ;, t gai ftte . 
confiftent with our Defign ; fufficient it is to fay 'that duced. 
Edward, in a very fmall Space of Time, over-run all 
Scot/and, and reduced Baliol t with the reft of the No- Anno Regni aj 
bility, to fue to him for Peace. After which he called a 12 95* 
Parliament to meet at London the fame Year, in order At London. 
to treat with two Cardinal Legates, who were fent from 
Rome to compofe the Differences, if they could, be- 
tween England, France, and Scotland, then fubfifting, 
and ftop the Effufion of more Chriltian Blood amongft 

Several old Hiftorians mention this very Parliament, 
tho' not at all touched on by the new. The Annals of 
Dunftable tell us, That a Parliament was held at Lon- 
don, on the Kalends of Augujl this Year, in the Pre- 
fence of the Legates. Heminpford is ftill more particu- 
lar ; for he fays, at which Day, [viz. Feflum S. Petri 
ad yincula~\ the King, with his Great Men, as well 
Clergy as Laity n , called particularly on the Occafion, 
met thefe Cardinals, and received them with great Joy 
and Honour. The Annals of IVorceJier alfo mention a 
Parliament at London that met on the Day abovefaid, 
on Account of the Cardinals ; and, laftly, in Sir Wil- 
liam Dugdale's Summons to Parliament, you have thofe 
to the Barons, at this Time, to meet on the firft of 
Augujl, and dated apud album Monajlerium, l^Dle Junii, 
Anno Regni 23. 

It was the whole Bufmefs of this Parliament, as far 
as we can find, to meet thefe Cardinals, and hear what 
they could fay in relation to pacifying the Differences, 
then chiefly fubfifting bet ween the Crowns of England and 
France ; for Scotland was very near a conquered Country 
at that Time : But all their Labour was in vain ; for 
tho' they came over with three Proportions, either for 
a Peace, a general Truce, or, laftly, for a Ceflation of 
all Hoftilities at Sea, till Articles for a Peace could be 
framed, they fucceeded in no Part of the Bufmefs they 
came for. They were told that the King of England 
had entered into a ftrir, Alliance with the Emperor, and 


a His Words are, Ortnes Megrwu, text Cltri qt:em Pof.u!r t p. 63, 

JIO Tie Parliamentary HISTORY 

fome Flemifo Princes, againft France; and therefore, 
without their Content, he could do nothing . 

The fame Year, 1295, another Parliament was call'd, 
I2 95- or it was by Prorogation of the laft, to meet at J^eji- 
mlnjier about the Feaft of S. Martin in Hyeme ; and 
there is in Dugdale the Summons of the Archbifhop of 
Canterbury, the Bifhops and Prod-ors of the Clergy, to 
meet as above, on the Sunday after S. Martin, tejle Rege 
apud Wengham, 30 Die Sept. The Writs for fum- 
moning all the Members to this Parliament are ftill ex- 
tant p ; and Prynne has given us the particular Writs for 
calling the Knights, Citizens, and BurgeiTes to meet at 
the fame Time q . But, it being Winter, and, as we 
fuppofe, the more diftant Members not being able to 
get up, they were further prorogued to the Sunday bc- 
ibre St. Andrew following r . 

The only remarkable Thing which happened in this 
Parliament, was a Difpute between the King and the 
Clergy about Taxes. The jfnnals of IVoreefter are very 
particular as to what paffed between the King, the 
Archbifliops and Clergy, on this Occafion ; and, prin- 
cipally, on the Care the King took to fecure the Payment 
of the Taxes laid on the Poffeflions of the Alien Clergy 
in England. Mat. Wejlmlnjler is yet more exact than 
the former Authority ; for he writes that, on the Eve of 
St. Andrew, [Nov. 29] the King met his Clergy, Great 
Men, and Commonalty 3 , afiembled at Wefiminfltri 
when he told them his Wants, the prefent State or" Af- 
fairs, and afk'd a fufficient Supply for the Defence of 
the Kingdom. The Barnns, and others of the Laity, 
very readily granted the King an eleventh Part of their 
Goods, as the Year before they gave a Tenth ; and of 
the Merchants he had a Seventh, inftead of a Sixth 
granted laft Year. The Archbifhops, with the reft of 
the Bifhops and Clergy, went by themfelves, and de- 
bated of this Matter, when they unanimoufly agreed to 
allow the King a Tenth of their Spiritual Revenues. 
This they offered to the King; but it was refufed, and 


Mat. Weftminfter. fxb bcc Anno. 

P See Brady on Boroughs. Willis '& Kotitia Parliament aria, 
q Prynne%Pariimntntarf Rcgifier, Pait II. p. 30. Dated at Canter- 
kury, OHober 3. 

* Dugdale s Summon, p. 10, u. Dated at Odimere, November 2. 
Acctrfito Clcrtf Mzgnattbxiy et Po^ulo, M. Wdtmiufter. 


therefore they retired to confult further about it. The King Wrrfl, 
King obferving their Obftinacy, fent the Chief Juftice of 
the King's Bench, with the reft of his Brethren amongft 
them, who faid, * My Lords the Bifhops, the King 
' commands you to give him a Third, or at leaft a 

* Fourth, of your Spirituals ; for what you have offered 

* he will not accept of: Therefore, come down and obey 
' the King's Command.' But the Biihops and Clergy 
were obftinate, and ftuck to their firft Propofal j nor 
did they yield when the Lord-Chancellor was fent to 
them from the King on the fame Errand ; fo that Ed- 
wardy rinding them inflexible, was glad to accept their 
Gift to him on their own Terms. This laft, and fome 
former Teftimonies of the Clergy's Stubbornnefs, in 
difputing his Commands, gave Edward Reafon to think 
that he mould never rule them, without putting ftronger 
Curbs into their Mouths than had hitherto been. Accord- 
ingly we find that fomething very confiderable that Way 
was now done ; for, in the Councils of this Year, 
there is the Writ for fummoning the Archbifhop of Can- 
terbury to this Parliament with the Pramunientes Claufe 
in it; which, according to Archbifhop Jf^ake^ was the 
firft Time it had been ufed in Forms of that Nature. - 
But to return again to Scots Affairs. 

King Edward, after he had thus fettled Matters in Anno Regal 14} 
the South, turned his Eyes Northward again, and fum- "9 6 * 
moned another Parliament to meet at Berwick on the 
24th of Auguft, 1296, in the 24th Year of his Reign. 
As this Parliament was called to a Town on the Con- 
fines of both Kingdoms, fo was it defigned to fettle and 
fecure his new Conqueft of Scotland upon the moft laft- 
ing Foundation. Accordingly a very numerous Affem- 
bly of the Englijh Nobility and Gentry appeared on this 
extraordinary Occafion. Thither came alfo the Scots 
Nobility, and did their Homage and Fealty to him in a 
mofl fubmiffive Manner; binding themfelves by Letters 
Patent, figncd with their Seals, to ferve him faithfully 
againft all Nations, and to come to his Afliftance at any 
Time and Place he mould require them : Moreover, 
they all, upon the bleffed Evangelifts, folemnly fwore to 
obferve all this before the whole Englijh Parliament. 
The Form ef thefe Letters Patent, which were fworn 


JI2 *Ihe Parliamentary HISTORY 

King Edward I. to fifigly by all the Scots Nobility, is preferred by Henry 
Knyghton, Canon of Leicejier u , in the old Norman or 
French Language, which we judge deferves a Place in 
our Hiftory j and the rather, becaufe we find them ta- 
ken Notice of by few other Hiftorians.- The Tranf- 

lation of it is as follows ; 

[ 100 ] To all thofe whom tbefe Letters fnall either fee or bear, 

&c. Greeting^ 

The Oath of T)Ecaufe that we are at prefent under Subjection to* 
xTn'V^W ' 4-5 the Thrice-noble Prince, and our dear Lord, Sir 
fcy^ll thTsve/j' Edward, by the Grace of God, King of England* 
Peers, before the ' Lord of Ireland, and Duke of Aquitain, we do faith- 
Parlu- t f u j]y p rO mifc, f o r ourfelves and for our Heirs, uport 

* Pain of Body and Eftate, that we will ferve him truly 
' and loyally againft all Manner of People that may 

* live and die, whenever We (hall be required or com- 

* inanded by our laid Lord the King of England^ of 

* his Heirs ; that we will hinder him from Damage 

* as much as we can, and fet upon his Enemies with all 

* our Forces wherever they may be found. And to the 
' End that we may firmly keep and hold thefe Prefents, 

* we do bind ourfelves, our Heirs, and all our Goods j 

* and we have fworn to this upon the blefled Evangelifb. 

* Befides, all we that are prefent, and every of us fepa- 
' rately, have done Homage to our Lord the King of 
' England in thefe Words i 

IF Will le true and loyal, and bear true Faith and Allegi- 
* ance, to Edward King s/"Ene;land, and his Heirs, and 
ferve him ivith Life and Limb, and do him all earthly 
Honour, againft all Manner of People that may live and 
die ; and from henceforth I will not bear Arms, nor be 
(tiding in Counfel, againft him, or againft his Heirs, on 
any Caufe who tfo ever. So help me God and all the 

In Witnefs of thefe Things we have made thefe Let- 
ters Patent, and fcaled them with our Seals. 
Given at Berwick upon Tweed, this 28th Day of Au~ 
gnft, in the Year of the Reign of our faid Lord the 
King of England twenty-four. 


De Eventibus Anj.liae, inter Decem Script, col, 2482. They are alf 
in the Feed, /Ing. Tom, II. p, 718, 

-of ENGLAND. 113 

The Charter of Robert Bruce, and fome other Lords, King Ed-ward I, 
begins thus : 

"To all tbofe to whcm thefe prefent Letters foall come, or 

hear; Patrick Earl cf March rfWDunbar; Gilbert C 1OX 3 
de Umfreviie, Earl <?/Angus; Robert de Bruce, the 
Elder \ Robert de Bruce//;* Younger \ the young Earl 
c/Carrick, Greeting. 

* TfJEcaufe that we now are, and ever (hall be, in the 

* J3 Faith and Power of the Thrice-noble Prince, 
' and our dear Lord, Sir Edward, by the Grace of God, 

* King of England, 5V.'-^-The reft in near the fame 
Terms as the former. 

This Charter of Submifiion is alfo given us in Hem- 
ingford, omitted in Rymer ; but the only Particularity 
-in it is the Date, [March 25] fome Months before 
the others, and even before Ballot's Submiffion, which 
bears Date on the fecond of July following. There 
are two Ad~ls in Rymer [p. 714] which feem to con- 
firm this, they are dated at Roxburgh, May 14; one 
to Robert Bruce the Elder, ad recipiendum Homines de 
Marchiis ad Pacetn ; and the other to Robert Bruce the 
Younger, ail recipiendum ad Pacem Homines de Comi- 
iatu de Carrick. And John Fordun, the Scots Chroniclar, 
tells us, That Edward had made fome Promifes to 
Bruce, before his Expedition againft Scotland. 

Edward having received all their Submiffions to him The King of 
in the Manner above, conftituted a new Treafurer for "^apP oint3 
Scotland, and ordered a new Great Seal; he alfo named ^s^tlanJ. 
a new Chancellor and Judges, and ordained that all thofe 
who held any of the Royal Demefnes {hould be called 
upon to do Homage for the fame; and all other Tenants 
whatfoever fhould fwear Allegiance to him, and own 
themfelves his Subjects ; and this to be done by every 
Man's written Deed, in perpetual Memory of this Con- 
quelt. He made alfo the Earl of Warren Cuftos Regni 
Scotia;. Laftly, the King alfo willed and ordained, in 
this prefent Parliament, that John, late King of Scot- 
land, both the John Comynes, with the reft of the Scots 
Nobility, {hould go with him back into England, and 
remain in thofe Parts of it which are beyond the Trent-, 
and fhould not return from thence, 011 Pain of lofmg 

VOL. I. H " their 

tfhe Parliamentary HISTORY 

King Edward I, their Heads, untill the War betwixt him and the King 
of France was entirely finifhed u . 

The Conqueil of Scotland being thus made, and that 
Kingdom fettled to his Mind, Edward called before him 
all the Chief Officers, &c. of the Weljh, Irijh, and Eng- 
lijh Armies, who had afiifted him in this great Expedi- 
tion: He returned them his Thanks in a publicManner; 
and added, that the Crown of England was much be- 
holden, and eternally obliged, to them for their Services? 
He afterwards difmiffed them to go to their own Homes. 
The King alfo ordained, that all the Lands which 'John 
EaliolanA other Lords held on the South of Trent, (hould 
be feized into his Hands untill the FrenchWar was ended. 
Afterwards Edward put an End to this Parliament, and 
L IO2 J iiTued out Writs immediately for the calling another w , 
which was to meet at St. Edmundjbury in November fol- 
lowing. Laflly, the King took his Journey into the 
South, and the Scots Lords along with him. 

Anno Regni 24. On the third of November, in the fame Year, King 
c 129 5' jr Edward met his Parliament again at St. Edmund/bury, 
bury* '"Thefe Writs are ftill in Being, and are printed both by 
Prynne and Dugdale, the former giving us thofe for call- 
ing the Knights, Citizens, and BurgeiFes to this Parlia- 
ment ; the latter, only to the Lords and Clergy ; but 
then thefe exprefs fome Reafon for what they were fum- 
moned ; which was in order to raife Subfidies for car- 
rying on the War againft France^ which this victorious 
King had determined to profecute with the utmoft Vi- 
gour. The Laymen contributed chearfully to this Ex- 
pedition, and taxed themfelves, the Citizens and Bur- 
gefles, an Eighth Penny, the reft of the Laity, a Twelfth. 

The Clergy re- The Clergy, however, openly refufed to give any Thing, 

fufe to grant any and returned the King this Anfwer to his Demand, 
' ^ at tne 7 cou ^ neither give nor grant, neither could 
^ e King receive any Subfidy from them, without both 
' incurring a Sentence of Excommunication, which was 
included in the Pope's Bull to that Purpofe V The 
King was much difpleafed at this Anfwer, but neverthe- 
lefs gave them Time to think upon it; and required 
them to meet him again the Day after St. Hilary, [Ja- 

Adbuc H. Knyghton, col. 24.83. 

*' Dated at Berwick upon Tweed, Aug. 26, An. Rtg. 24: 

* The Bull w alfo printed in %-, and in the Councils, 


kuary 14.] at London \ to which Time and Place this King Edward J, 
Parliament was adjourned. 

It is proper here to take fome more Notice of the 
Pope's Bull above-mentioned, becaufe of its extraordi- 
nary Nature. It was called Clericis Laicos by the Frendi 
Hiftorians, from the firft Words of it ; and was dated at 
Rome^ jexto Kalend. Mart. Pontificatus nojir'i An. 2. 
[1296], This Bull affected more than the Englijb 
Clergy; the French thought it was obtained by Com- 
plaints from theirs, whom it fuited as well as the Eng- 
lijh> and where it feemed to have made. more Noife. We 
have a great deal about it in the Collection of the Afta 
inter Bonifacium Pont, et Philippum Regem ; which was 
printed at Paris, 1655, an Extract of which is alfo in 
Archbifhop Wake's Appendix. But this arrogant Power 
the Pope then afiumed, of exempting all the Clergy in 
Chriftendom from paying any fubfidial Taxes for the 
Support of the Government they lived under, was but 
of fhort Duration ; for this very Pope, foon after, by 
another Bull, explained away almoft the whole Force of 
this, and his Succeflbr, Clement V. in 1306, actually 
repealed it. But the Reader will foon fee what Difturb- 
ance this Bull made amongft the Clergy in this King- 
dom. For, 

The Day of the next Seffion being come, and the 
Parliament, with the Clergy, met, Robert de Wincbelfea y 
Archbifhop of Canterbury ', made the following Speech 
to his Brethren : 

My Lords, 

' T T is very well known to you and all the World, The ArcUbiftpp 
L that, under the Almighty God, we have both a of Canterbury t 
Spiritual Lord and a Temporal one. The Spiritual oSn. D ' 
Lord is our holy Father the Pope, and the Temporal, 
our Lord the King. And though we owe them both 103 J 
Obedience, yet we are under more Subjection to the 
Spiritual. But, to do all that is in our Power to pleafe 
both, we are willing to fend fpecial Meflengers to our 
holy Father the Pope, at our own Expence, to defire 
that he would grant us Leave to oblige the King in 
this Matter ; or, at leaft, we fhall have an Anfwer 
from him what we ought to do. We do believe, that 
our Sovereign Lord the King is as fearful of incurring 
H ^ this 

jj6 The Parliamentary HISTORY 

King Edward I. this Sentence of Excommunication as we ourfelves can 
be ; fo, my dear Lords, we defire that you would 
fend fome felecl: Perfons out of your Body, to inform 
the King of this Matter; for we, who know how- 
much the King is incenfed, are quite afraid to deliver 
fuch a Meffage to him *.' 

However, the Clergy thought fit to fend two of their 
own Body, the BifJhops of Hereford zn& Norwich, to the 
King ; and there is a Copy of their Credentials in the 
Councils, under the Archbifhop's Seal, at the Requeft of 
the whole Body i?f the Clergy, dated 13 Kal. Feb. [Jan. 
20] and immediately after we have the Denunciation of 
the Sentence of Excommunication by the Archbifhop 
againft the Infringers of the Ecclefiaftical Immunities, 
dated 14 Kal. Mar. 

The King puts But we find that the King was not fo much afraid of 

the Clergy out of tne Pope's Bull as the Archbiftiop pretended ; for he had 

rifa"es a Sr nofooner heard the Clergy's Anfwer to his Demand, 

Lands. but he thundered out an Excommunication, indeed, 

againft them all. He immediately put the Archbifhop, 

and the whole Body of the Englijh Clergy, out of his 

Protection and Defence ; and ordered that all their 

Lands and PofTeffions, throughout the whole Realm, 

Ihould be feized to his Ufe z . This Edid had the Con- 

fent of the Earls, Barons, and others who conftituted 

this Parliament, which continued to fit whilft all the 

Bifhops were excluded. The Chief Juftice of the King's 

Bench, John de Metingham, fitting in his Tribunal, 

fays Knyghton, pron6unced Sentence againft the Clergy 

in thefe Words : 

* You that are the Pro&ors, or Attornies, for the 
c Archbifhops, Bifhops, Abbots, and Priors, with the 

* reft of the Clergy, take Notice to acquaint all your 
' Mafters, that, for the future, no Manner of Juftice 

{ 104 ] ' ftall be done them in any of the King's Courts, on 

* any Caufe whatfoever ; but Juftice fhall be had againft 

* them to every one that will complain and require it 
of us !' 

O mirabile & inauditum, Auribus horribile ! cries the 
Canon of Leicefler ; and others of the Monkifti Writers 


y IleiKinffcrd, Knygbton, &c. The laft Words of this Speech are, 

ffts cnim, {denies Indignationem ejus accenfam, iiercmur amnino talia nun" 

* Fecit Rcxfigillari omnia Eccltfajiicorum OJlia Horrcorum, Mil. Weft, 

*/* ENGLAND. 117 

of thofe Times exclaim as loud againft this Proceed- King Edward I. 

ing b . The Miferies that the Clergy differed, along 

with their Archbilhop, on Account of the aforefaid 

Sentence againft them, were very great ; inlbmuch that 

a poor Vicar or Parfon, when they had Occafion to go 

abroad, were glad to cloath themfelves like Laymen, 

to pafs through the Country with Safety ; for if they 

were robbed or fpoiled on the King's Highway, they 

could have no Restitution or Redrefs. Indeed, the 

whole Bo y of them were (truck into a dreadful Panic 

by this Blow; but moftof them compounded the Matter 

with the King for a Fine, and received the King's Letters 

of Protection ; which muft have raifed a vaft Sum of 

Money in thofe Days c . 

But, before King Edward tranfported himfelf and 
his Army into Flanders.^ to profecute the War againft 
France, he fummoned all Men that owed him Service, 
and all others that were poffefled of Twenty Pounds a- 
year Lands, let them hold from whom they would, to 
meet him at London. They were to come ready pre- 
pared with Horfe and Arms to go over with the King, 
and this without any Excufe or Delay. The Summons 
was obeyed, and a very great Number of armed Men 
appeared on this Occafion d . It has been faid, that 
fome of their Leaders or Nobles then prefent thought [ xoc ] 
proper to reprefent to the King, that it was not advife- 
able for him to go abroad without being firft reconciled 
to the Archbifhop : That he took their Advice, and 
was ib far reconciled to the Prelate, that he made him 
Guardian to his Son the Prince, and, jointly with Sir 
Reginald Grey, left him Regerlt over England. But 
this is abfolutely falfe ; for Edward miftrufted him too 
H 3 much 

t> Kvygktcn goes on, and fays, Communls yi/Jlitia qvae cmnibut patere 
debtrit. :am Incolii quam Alienigcnis, quo Sfiritu xcfcio, CJero Chrifti de- 
negatur ; ancilaturque & frr-vit ac fu&fnattatur if fa Mater Ecclefia, qua 
folebot antiquitstt 1' :!i:s dwninari ; Pcdcs fuper Caput elcvantur, & qiue 
Jalcbat cuntf-ii folcndifcere, fimento Miferaticnis, jam a Mifericord'u Dei 
ntur & obfujLttur L'ir.braculo Crudclita:it. Knyghtoa inter Dcccm Scrip- 
tc.rcs, col. 2492. 

c iriHijKt Thorn, a Monk of S. Jugujlin's in Canterbury, fays, That 
their Monafcery compounded for zoo I. and zoo Quarters of Corn of difte- 
lent Kinds of Grain. Dictm Serif tom, col. 1965. 

The Archbirtiop flood out againft the King in this Matter ; left his 
Palace, and rctiied with two Servants only to Cbartbam. Linn. 

J Triwt and Hemingford, both Contemporary Hiitorians, call thi 
Meeting a Parliament, They were called to Lcattsn, Avgnfl i, 12.97. 

The Parliamentary HISTORY 

. much to grant him any fuch Power, as will better appear 
in the Sequel, and left the Regency in other Hands e . 
Neverthelefs, he reftored him all his Lay-Fees, Goods, 
fcsft. at the earneft Requeft of the Prelates of his Pro- 
vince f . 

Edward did not profper fo well in this French War 

a ltas he had . done in the laft> The Scot * t0 k thc Advan ~ 

tage of his Abfence to revolt ; and, under the Conduct 

of William Wallace, committed great Ravages in Eng- 
land. Things were not quite well at home neither ; 
Edward, before his Departure, had greatly difobligcd 
fome of his Lords ; of which Humphry de Bohun, Earl 
of Hereford, High Conftable of England, and Roger 
Bygot, Earl Marefchal, were the Chief. Thefe Great 
Men raifed an Infurre&ion in the King's Abfence ; by 
which Means, and by the Revolt of the Scots, the Peace 
of the Kingdom was much endangered. 

Anno Regni 25. The Occafion of this Quarrel is faid by fome Writers 
I4 97 to happen at a Parliament called to meet at Salijbury t 
At Salisbury. * n F*ft $ Matthiae, before the King went abroad ; at 
which Meeting the Clergy were totally excluded s . The 
King infilled that moft of the Nobility there prefent 
C *6 3 (hould attend him to the French War, but many ex- 
cufed themfelves ; whereat Edward being greatly mo- 
ved, he plainly told them that they fhould go, or he 
would give their Lands to thofe that would. The 
Nobles were very much offended at this Bluntnefs in 
the King ; and fome of the chiefeft, viz, the Earls of 
Hereford and Marefchal, told the King that they were 
ready to attend him if he went in Perfon, otherwife they 
would not go. The Marefchal added, that if the King 
went he fhould willingly attend him in his Wars, and 
take his hereditary Poll: in the Vanguard of the Army. 
But, fays the King, you Jhall go, whether 2 do or not. 

See Ryaier's Feed. p. 791, de Edwardo F i/io Beg:s Locum tenente in 

f Thc Aft of Reflittition to the Archbi&op is printed in Prynnc's Par!, 
Reg. Vol. III. p. 721, f'ro.Ti ciauf. 25 Edia. \. m. iz, dated July 1 1, at 
Weftminjltri previous to which are Compofitions'of, and Frotedicns 
granted to, a great Number of the Clergy. 

g t babito Rex Parliamtnto cum juis Baronilvs, Clcro exclufo. Cbnn* 
Cul. Tbarn. inter Decem Scriptores, col. 1965. 

Dugdah gives us the Summons to this Parliament, to meet apud Sa- 
rum Die Dominica in Fijsa S. Matthije, Feb. 24, 1297. Tcjie S.ege afud 
"Welyns, Jan, z6. 


I am not fo bound, quoth the Earl, neither do 1 p 
to go without you. The King, then in a great Rage, 
faid, By God, Sir Earl, youjhall either go or hang. And, fc 
Sir King, by the fame Oath, replied the Earl, boldly, 
1 will neither go nor hang. And fo they both left the 
King abruptly, without taking any Leave, and the Par- 
liament broke up without doing any further Bufinefs. 
Edward, after this, refolved to go over in Perfon, but 
the Lords then would not go along with him; fo haughty 
and ftubborn were the Nobility in thofe Days. Yet, not- 
withftanding the ill Correfpondence between the King 
and thefe Great Men at this Aflembly, it feems they 
agreed well enough how to proceed with the Clergy ; 
for an anonymous Chronicle in the Bodleian Library h 
relates, That the King, and his Barons and Knights 
there afiembled, pafled an Ordinance, That if the Clergy 
did not make their Peace with the King, within a cer- 
tain Time then limited, they (hould Jofe all that was 
already feized by the King, and it fhould not be lawful 
for any one, from thenceforth, to have any common 
Dealing with them. This fevere Ordinance brought 
many of them to their Compofitions immediately. 

But the Affair between the King and his haughty 
Barons deferves a little farther Difquifition. Several 
antient Hiftorians, fuch as Trivet, Hemingford, c5V. 
who were Contemporaries, relate the Story, which hap- 
pened in the Parliament at Saliflury, as above. This 
Difpute, with the Revolt in Scotland at that Time, per- 
plexed the King very much, and hindered his intended 
Expedition ; and there are in the Foedera feveral Letters 
to his Allies and Friends abroad, fent to excufe and in- 
form them with the Reafons of his Delay; fo that it was 
not till Auguft this Year that Edward embarked for 
France; leaving his Son, with fome other Lords, Re- 
gents in his Room. But before the King left England 
he took Care to inform all his Subjects of the Behaviour 
of the Barons to him, by circular Letters fent to all the 
Sheriffs, which related all that had pafs'd between them ; 
a Copy of which, in French, is in Rymer and fome other 

Nor were the two Earls backward in {hewing their 
E.cfcntment againft the King, but published certain Ar- 

fc Sec Archbiflicp 

Parliamentary HISTORY 

King Edward I. tides of Grievances in the State, which they expected 
fhould be redrefled by the King before they would join 
with him. Nay, they went further; for, on the King's 
Departure, the two Earls, Marefchal and Hereford, 
went to the Treafurer and Barons of the Exchequer, 
forbidding them, in the Name of the whole Community 
of the Realm, as well Clergy as Laity, to levy the 
Eighth Penny, given in the Parliament at St. Edmund f- 
lyiry, and denying that it ever was legally granted ! . 
Laftly, they applied to the Citizens of London to ftand 
by them k . 

To remedy thefe Evils, and to clofe up the Diffe- 
rences with the difcontented Lords in Time, the Re- 
Anno Regni 25. g ents thought proper to call a Parliament in Prince 
1297. Ir<shwrWYN.ame, and to fummon them to meet at Lon- 
, don on the loth of Oflober, in the fame Year, 1297 *. 
The Lords paid a willing Obedience to this new Sum- 
mons from their future King, and came at the Time and 
Place appointed : But their Appearance was fmall, 
th'. re being only the Archbifhop and fix Bifhops, 23 
Abbots and Priors, the Earls of Hereford^ Norfolk, and 
Marefchal, with eight other Barons, which is eaiily 
accounted for, as many of the reft attended the King 

, -, However, the difcontented Lords did not come with- 
' * out a ftrong Guard to fecure their Perfons, having 500 
Horfemen well armed, and a large Body of choice Foot 
to attend them ; nor would they enter the City until! 
they were allowed to place a fufficient Number of their 
own Men at each Gate of it for their better Security. 
This being granted, the Lords came quietly to their 
Seats in Parliament ; where, after many and various 
Confutations and Debates m , the Archbifhop of Canter- 
bury being Mediator in thefe Differences, the Lords 
. would agree to no Reconciliation, unlefs the King 

tide't'^Magna would confcnt to Confirm Magna Charta and the Char- 
Cbvrta,&t. pro- ter of Forefts, with fome additional Articles ; and that 
pofed 3 jj e would neither defire nor exat any Aid or vexatious 


i This Record is in Madoxs Hiftary of the Exchequer, p. 614. 

k Trivet, Hemingford. 

1 Dugdale has given us the Summons to the Lords, and Prynne to the 
Commons Vol III. p. 736. 

' L'bi tandem fyft Conjilia mult a et Irafiatus -varitis, &c, Knyghton, 
col. 2923. 

^/ENGLAND. 121 

Tax, either from the Clergy or the People, for theKing</wWI. 

future, without the Advice and Confent of his Great 

Men. Further, that all Rancour and Malice might from: 

henceforth be removed from the Minds of them and all 

others their Aflbciates, the following Writing was agreed 

to, and ordered to be drawn up in thefe Words for the 

King to confirm : 

No Manner of Tax or Aid fiall either be impofed or 
gathered by us or our Heirs, for the future, on our King- 
dom, without the common Confent and Frce-Will of the 
Archbijhops, Bifaops, and other Prelates, the Earlsj 
Barons, Knights, Burgejfes, and other free Men of this 
Realm. We will not take to our f elf any Corn, Wool y 
Hides, or any other Kirtd of Goods whatfoever, without 
the Confent of the Perfon to whom fuch Goods belong. We 
will not take, for the future, in any Name, or on any Oc- 
cafion whatfoever, Evill Tolle n of any Pack of Wool. 
We will and grant, for us and our Heirs, that all the 
Clergy and Laity of the Kingdom Jhall have all their Laws , 
Liberties, and Cujhms, as freely and fully as ever they 
enjoyed them at any Time. And if any Thing be enafJed 
or ordained again/1 any Article in this prefent Writing by 
i{$ or our Ancejhrs, or any new Cuftoms introduced, we 
will and grant that fuch Cuftoms or Statutes be for ever 
null and void. We do remit alfo, to Humphry de Bohun, f 108 1 
Earl of Hereford and Eflex, Conftable of England ; 
Roger Bygot, Earl of Norfolk, and Marefchal of Eng- 
land ; and others the Earls, Barons, Knights, Squires ^ 
and to John de Ferrers, and to all others his Colleagues 
and Confederates, and alfo to all thofe that hold Twenty 
Pounds Lands either of us in Chief, or of others in our 
Kingdom who were fummoned to go into Flanders and did 
r.r.t appear, all Manner of Rancour and III- Will which, 
'for the aforcfaid Caufes, we might have taken again/I 
them, and alfo all Kinds tf Tranfgrejjions which to us or 
ours may have been done, to the making of this prefent 
Writing. And, for the greater Security of this Matter t 
we will and grant, for us and our Heirs, that all Arch' 

" 7\1ala Tolia, vel ptfirs, Telta, Gallicc Mafe-teute, Evil Toll. See 
Somner's Glojjjrium ad Dccum Scriptores. See allo the laft Edition of 
Duf refit* * Glo/ary. 

The Tax was 401. for every Sack of Wool, taken without Confent of 
r.u!iam;'nt. Sec Siatxtet at large, and Cuke's zd Infi, p. 5x6, for thi$ 
rufmoruUk StiUute, 

122 The Parliamentary HISTORY 

TSJn% Edward I. Ufaops and Bijhops of England Jhall for. ever, in their 
Cathedral Churches, have this prefent Writing read, and 
Jhall publickly excommunicate as well there , as caufe it to be 
done in the feveral Parijh Churches throughout their Dio- 
cefes, twice in a Tear, all thofe who Jhall feek to weaken 
the Force of tbefe Prefents in any Article, or in #ny Man- 
ner whatfoever. 

In Tejiimony of which we have put our Seal to this pre- 
fent Writing, together with the Seals of the rfrchbijhops, 
Bijhops, Earls, Barons, and others, who, of their 'own 
Accord, fwore to obferve JlriSlly the Tenor of tbefe Pre- 
fents, in all and every Article, to the bejl of their Powers. 
And for the due Obfervance of which they promifed all 
their Aid and Advice for ever . 

We think it entirely confiftent with the Subje& of our 
Hiftory, that every Word of the preceding Charter, as 
near as it can be translated, fhould find a Place in this 
Work. It is a Step into the Prerogative much bolder and 
wider than what was made by the gaining of the Great 
Charter or that of the Foreils ; and may be truly faid to 
be the Foundation of our prefent Parliamentary Grants 
to the Crown. The young Prince did not hefitate at 
all to confirm the Decree, as far as it was in his Power; 
and gave the offending Lords his Letters Patent to them 
* - and all their Followers, that no Manner of Harm fhouM 

come to them ; and promifed alfo in the faid Letters, 
f 109 ] tnat ne would do his utmoft to induce his Father to con- 
fent to all their Demands : Likewife all the King's 
Council, that were prefent at this Parliament, promifed 
under their Hands to acl: accordingly. 

This Concord of Peace and Unity, fays our Author p , 
gave an univerfal Joy to all the Kingdom. The Pre- 
lates, Earls, and Barons, adds he, that were Commif- 
fioners for the King in this Matter, were Robert de IFin- 
cbelfea, Archbifhop of Canterbury, Henry Murdac, ele5fc 
Archbifhop of York; the Bifhops of London, Ely, Bath, 
and Coventry ; the Earls of Cornwall, Warren, //''<;- 
wick, and Oxford', the Barons were John Gyffard, 
Henry de Percy, and Reginald de Grey; with many other 
Clerks and Laymen. 


From the moft correft Copy preferred by Walter IlcKigfrd, 
t H. Krtygbton, col. 2924. 


All thefe Lords, fcfV. fwore upon the bleiTed Evangs- 
lifts, for the greater Security that the aforefaid revolted 
Earls and their Followers fhould be entirely indemnified 
by them againft the King : To which thofe Lords an- 
fwered, in like Manner, that if the King would ratify 
and confirm all the aforefaid Articles, they would be 
entirely at his Command, either to go over into Flan- 
ders, or march againft the King's Enemies in Scotland* 

MefTengers were immediately difpatched to the King 
in Flanders, with Letters to him from his own Secreta- 
ries, intimating that, if he regarded his own Honour and 
Safety, or hoped to preferve his Kingdom, he fhould 
fend back the Writings confirmed and fealed. The 
King being driven to a Strait, took three Days Time to 
confider of this Meflage; and then, that he might gain 
the Hearts of the Revolters once more to him, wifely 
confented to all, and confirmed them accordingly 1. For 
this extraordinary Conceflion of the King, the Par- 
liament granted him a Ninth Penny on the Laity; and 
the Archbifhop of Canterbury, with his Clergy, notwith- 
ftanding the Pope's Bull, gave a Tenth; the Archbifhop 
of York, with his Clergy, who were more in the Neigh- 
bourhood of Danger, a Fifth Penny, as a Subfidy to 
carry on the War againft Scotland. The Wool which 
the King had already taken from the Religious Houfes, 
and others of the People, he promifed Ihould be ac- 
counted for in the Collection of this Fifth. 

Edward, after this, fent his Letters particularly to re- T no 1 
quire the aforefaid revolted Lords, as well as, all the reft 
of the Great Men who were then in England, that, as 
they regarded him, or the Honour of the Englijh Na- 
tion, they fhould march dire&ly into Scotland, under 
the Command of the Earl of Warren, whom he had AnnoR , n i 2 6 
conftituted his Vicegerent for that Expedition. He aJfo 1298. 
appointed a Day for them to meet at York r , and, in the ^ t York 
mean Time, to ^et themfelves in Readineis to proceed 
from thence and chaftife the Scots Rebels. This Meet- 
ing Hemingford and Knyghton call a Parliament, and 


1 They were figned by the King, at Ghent in Flanders, apud Gandavum, 
5 Id. Nov. 

r Oflavi't S. Hilarii, Jan, zi. Kny*iton. Craft. Hill. Hem. 

Trivet fays, Convenience in Off avis S. Hihris, fubl.rata Cotifirmatrene 
Clartarum, Articular umifa aJjeflarum vcrjus Scotiam fracejjsrunt. Mat, 

124 The Par 7/ 'amen tary HISTORY 

King Edward I. therefore we do the fame, though none of the Commons 
were called to it, and feems to be chiefly dcligned to try 
whether the Scots Lords would come, as Edward by his 
Letters had fummoned them to do, without any Excufe, 
otherwife they fliould be taken for public Enemies. At 
the Day prefixed the Englijb Lords appeared at York : 
There were, particularly, the Earl of Warren, the 
King's General; the Earl of Gloucefter; the Earl Mare- 
fchal ; the Earls of Hereford and Arundel; Guy, Son 
to the Earl of ffiawuick ; John de Segrave ; and many 
other Lords. The firft Thing they went upon was the 
Confideration of themfelves ; and accordingly they had 
Magna Charia, the Foreft Charter, with all the addi- 
tional Articles, read publickly in the Cathedral Church 
of York ; and the Biihop of Carlijle, in Ponttficalibus, 
pronounced the Sentence of Excommunication on all 
thofe that offended againft them. And as the Scots 
Lords did not think fit to appear according to Summons, 
nor fend any one to anfwer for them, it was agreed that, 
in eight Days following, every one fhould appear in 
Arms at Newcajlle upon Tyne, and fo to march againft 
the Enemy. 

In the mean Time Edward, having concluded a 
Truce for two Years with France, turned all his 
Thoughts on Scotland, and fent Word to the Earl of 
Warren, his General, not to proceed with the Army 
any farther than Berwick till his Return. He arrived 
there in Perfon fome fhort Time after ; and the firft 
in ] Thing that the King did after his coming back to Eng- 
. land, was to call a great Council together at London, on 
Jm0 JJ ,^f. ni * 'Palm-Sunday, [March 30] where it was refolved to re- 
move the Courts of King's Bench and Exchequer to 
At London. York s , and to fummon a Parliament to meet in that City 
on the Feaft of Pentecoft following. The Writs for 
iummoning the Knights, Citizens, and Burgefles to this 
Parliament are ftill extant 1 ; and here the King, by 
Word of Mouth, confirm'd to them the Charters above- 
mentioned ; and, as the dnnals of Worcejier obferve, 
* not out of Fear, but of his own free Will, and without 

* any 

* The Ordinance for removing the Courts of Jurtice to Tork, is faiJ, by 
Rylej, to be made in a Parliament at London, in Eafter, this Year j it quad 
Scaccarius et Bancus ftnt infra Cajlellum Ebor, &c. Rylf\ t p. 225, 

t The Writs are dated at Fuibam, dpril 13, Anno Regni 2.6, 

of ENGLAND. 125 

' any Grant of Money for it".' The Scots Lords were King Ed-ward I. 
again fummoned to appear at this Parliament; which 
they not regarding, he fent out his Commiflion of Ar- 
ray, ordering alfhis Subjects to be ready, with Horfe 
and Harnefs, at Roxburgh, on the Feaft of St. John 
Baptiji following; which was done accordingly. After _. 
this happened the fatal Battle, to the Scots, of Falkirk ; , 
in which the Englijh gained a complete Victory over* 
their Army, and retook: all the Towns and Fortrefles 
which had been loft in the King's Abfence. 

Edward, after his Return out of Scotland, continued 
in the North of England till after Gbrijlmas ; when, 
leaving all Things quiet, he returned to London', and, Anno Regni *7 
foon after he got there, called a Parliament to meet on 
the firft Sunday in Lent, [March 8] the Writs for it At LtnJtit* 
bearing Date (by Dugdale, from clauf. 27 Edw. I. m. 8. 
in dorfo) apud Pontem de Tulye, Feb. 6, 1299. 

The firft Thing that was done at this Meeting, was 
to read before them the Pope's Inftrument of Award be- pointed ^rbk^a- 
tvveen the Kings of France and England, who had agreed tor between the 
to make him, as a private Perfon only, under the Name Kin s sof - '"^' u * 
of Benedict Cajetan, the amicable Compofer and Arbi- and Francc ' 
ter of a.ll Wars, Controverfies, Differences, and Caufes 
whatever moved between them. This Character was 
worthy of the Chriftian Pontiff j and accordingly he 
did award and pronounce, 

I. npHAT there fhould be a firm and ftable Peace 
' JL between the two Kings. 

II. 4 That the voluntary forbearing of Hoftility, and 

* the Truce lately made and confirmed between the two 

* Kings, &c. fhould be inviolably obferved. 

III. ' That the King of England fhould marry Mar- 

* garet, the King of France's Sifter, and endow her with 
' I5,OOO7. Turnois (i.e. 3750 7. Sterling) per Ann. 

IV. * That Ifabel, the Daughter of the King of 

' France, not then (even Years old, fhould, at conve- [ 112 ] 
' nient Time, be married to Edivard the King of Eng- 

* land's Son, then thirteen Years of Age, with the Dower 
' of 1 8,OOO 7i Turnois, per Ann. 

V. < That 

in Eldomade Pentecofles, apud Eboracum, cmxia c^titf frfus 

Bjronibus <t Communitati Ttrm Rex conceit; non Timer t tem'tus,fcj 
mira I'c/untate et Jint Prtcie, cc-f.rnav : .t, Annal. Wy^on;. 

126 The Parliamentary HISTORV 

King.Efaw</I V. < That all Goods on either Side, Ships efpecialJy, 
6 taken before the War, and then not embezzled or de- 
' ftroyed, ftiould be reftored ; and if deftroyed and not 
to be found, then either King to make Satisfaction at 

* the Requeft of each other. 

VI. That all the Lands, Vaffals, and Goods which 
c the King of England had in France before the War, 

* which he may have reftored to him by virtue of this 

* Compromife, he (hould have and enjoy under fuch 

* Conditions and Security as (hall be awarded. 

VII. * That all the Lands, Vaffals, and Goods which 

* the King of France was then pofTefTed of, that were the 

* King of England's before the War, and thofe the King 

* of England was then poffeffed of, fliould be put into 

* the Hands and Poffefiion of the Pope, and fo to remain 
4 untill the Kings themfelves agreed about them, or he 

* fliould order what was therein to be done, without 

* Prejudice to the Lands, Vaffals, and Goods ; or the 

* Kings, as to the Poffeflion, Detention, or Property of 
' them.' 

This Pronunciation, or Award, was dated at the 
Pope's Palace at Rome, on the 20th of June, 1298, 
26th of Ediuard I. 

To which Award, when it was read in Parliament, 
all the Clergy and Laity gave their Con fen t v/ . 

And now the Lords and Commons * preffed the King 
to ratify, in Perfon, the Great Charters, with the addi- 
tional Articles, which he had only done by Commiflion 
before. Edward was very fliy in -this Matter; loth he 
was to grant their full Requefts, and as unwilling to 
deny them. To gain Time he made no preient An- 
fwer ; and when he was yet more urged to perform his 
Promife, he left the City without their Knowledge; 
which, they finding out, followed him, and feemed 
much difcontented at his Conduct. Edward excufcd 
himfelf to them, by complaining that the Air of the 
City was prejudicial to his Health, and came but into 
the Country for a Time to recover it; he defined that 
113 ] they would go back to the City, and they fhould have 
an Anfwer by his Council, fo far as it fliould ftand with 
Reafon to content them. They returned to the City, 


w Phis et Citrus. M. Weftminfter. 

x Prcccres et Communes, Knyghton, col. 2 518. 

of E N G L A N D. 127 

und foon after the Charters were fent them, confirmed King E&otrd I. 

according to their Requetts, except that at the latter 

End of them were added thefe Words, Salvo femper 

Statu Corona, faving always the Rights of the Crown. 

But this Addition fo offended the Lords, that they broke 

up and returned home in as great a Difpleafure againft 

the King as before. 

The Council doubting fome feditious Practices might 
enfue, delivered the Charters, fealed and figned as they 
were, to the Sheriffs of London^ that the fame might 
be read openly before the People r . This was accord- 
ingly done at St. Paul's Crofs, in the Prefence of a great 
Affembly there met for that Purpofe. The People, be- 
fore they heard the additional Words, gave many Blef- 
fings to the King for thefe Grants ; but they no fooner 
heard the Conclufion, than they curfed, fays our Au- 
thority, as faft as they had blefled. However, the King 
finding no other Way, before this Parliament was dif- 
folved, gave Notice to the Lords to meet again after 
'after , and then he would grant them all they defired. 

But this Meeting, after Eajler, was not of the Lords Anno Rtgni aS^ 
only, but another Parliament called by the King's 1 3 
Writs, as the former, dated at Wejlminfter, April 10, 
to meet In qulndena Pafchse, May 3, following . It 
was in this Parliament that the King actually confirmed 
the Great Charters, and alfo a new one for their better 
Explanation, called, in our Law- Books, Artlculi Juper 
Cbartasy or Articles upon the Charters b . 

Two eminent Writers of Englijh Hiftory, of the laft 
Age, Dr. Brady and Mr. Tyrrel^ the former a warm 
Advocate for the Prerogative of the Crown, the other 
as zealous a Champion for the Liberties of the People, 
have taken great Pains to fearch into our Records, Hi- 
ftories, &c. for the Support of their different Opinions. 
Between them both then we may come at Truth ; and 
therefore we mail make no Scruple to quote them when 
any Thing fo apparent intervenes. And here, on the 
King's confirming the Charters this Time, Mr. Tyrrel 
makes the following Remark ; tho' tf he had named his 


' Hollingfiead's Ckron. from the Cbnn. of d&irgtuit 

a Dugdate, from clauf. 27 Ed-iv, I. m. 16. dorfo. 

^ Statum at large t An, 1300, Co^'s id Injlitut. 537 

128 The Parliamentary HISTORY 

King/w<M. Author, or told' us where the Manufcript lay, the Sto:^ 
would have been much more credible. He fays, * That 
* I! 4 J though our printed Hiftorians do not mention it, yet a 
Manufcript Author of that Time relates, concerning 
^?fTrthe7rlti- this Tranfadion, That the King was at firft loth to 
fed in Parlia- grant this Requeft of the Archbifhop and Barons ; and 
ent. therefore, to avoid it, tried to work upon each of th 

Lords apart, fome by fair Words and Promifes, and 
others by Prefents, to put off this Bufmefs till the next 
Parliament after Michaelmas ; and therefore now defired 
jio more Aid of them than a twentieth Part of their 
Goods; and through thefe fubtle'Methods he prevailed 
with the greater Part of them : Yet, notwithstanding 
this, the Bifhops, and many of the moft confiderable 
Noblemen, ftill perfifted in their firft Demand of having 
.the Charters confirmed, and that the Bifhops and Earls 
Ihould alfo put their Seals to them ; at which Propofals 
the King, much offended, afked them, If they took him 
for a Deceiver ? Whereupon the Lords defifted for a 
fewDays from theirPetition; yet at.laft theKing, being 
prevailed on by the Perfuafions of fome that were near 
about him, went into IVeJlminfter-Rull^ and there con- 
firmed the Great Charter, with the Articles upon it, 
which he caufed to be read before all there prefent, and 
then ordered his Great Seal tp be put to it; and, fpeak* 
ing in Englijh, commanded the Archbifhop, If he knew 
the f aid Articles- to le deficient in any Point, that he (hould 
declare it, and they Jhouid be presently amended : Then he 
permitted the Archbifhop and BifJhops to denounce all 
thofe excommunicated that mould pr.efume to break or 
[ 115 ] infringe the faid Charters, or any Thing therein con- 
tained. This prudent Acl was very feafonable, and 
quieted the angry Minds of the Nobility, efpecially the 
Earl of Warwick, and the Lord Walter Beauchamp> 
Steward of the King's Houfhold, who were like to have 
gone into their Countries to have raifed Forces to com- 
pel the King, had he not voluntarily agreed to do it/ 

There are two Laws extant in our Statute- Books* 
that were made this Year; and one that is called the 
Statute de falfa Moneta, dated at Stebenbeath, now 
Stepney. Which la ft was certainly no more than a 
Royal Proclamation againft the Coiners and Venders, of 
falfe Money at that Time, when it was very current in 


0f ENGLAND. 12$ 

the Kingdom c . And it is as certain that feveral more Kin s Ed-ward i t 
Acts of State are put down, and printed as fuch in our 
Statute- Books, which were no more than Royal Edicts 
not authorized by Parliament. 

About this Time the Scots, ever ready to watch all 
Opportunities, whilft Edward was bufy in the South, 
again revolted, bred a great Difturbance in that King- 
dom, and brought the Englrjb Garnfons, left there, to 
much Diftrefs. The King found himfelf obliged, tho* 
in the Depth of Winter, to march againft them ; and 
therefore fummoned another Parliament to meet him at 
York. Our old Hiftorians call this Meeting a Parlia- 
ment ; and fay that it was called to meet in that City 
at Martinmas^ tho' no Writs of Summons for it are 
now extant, nor can we find any Account of what was 
tranfacted in it. The King went from hence to Ber- 
iioick, where, the Winter proving very fevere, he was 
obliged to ftay till the Spring Seafon before he could 
effect any Thing ; but very early in that Seafon Ed- 
ivard made another Inroad into Scotland, foon fubdued 
thofe refolute Spirits, and obliged them to fue to him 
again, in a moft fubmiffive Manner, for Peace. 

But before the King entered Scotland this Time, he 
ifTued out Writs for calling a new Parliament to meet 
at Lincoln d , which were dated at Berwick, December 29, 
to meet the fecond Sunday in Lent [March 13] follow- 
ing ; and moft of thefe Writs and Returns are now 
extant. The Summons to this Parliament are more 
numerous and more extraordinary than any we have yet 
met with ; for the King not only fummoned the Peers, 
Knights, Citizens, and Burgefles, (in which he directs 
the Members of the laft Parliament, if living and capable 
of that Service, to be returned) the Archbiftiops, and 
Bimops, with many of the Clergy, and the Judges ; 
but likewife directed Writs to the Chancellors of both 
the Univerfities, to fend from Oxford four or five, and 
from Cambridge two or three, de difcreticribus et in Jure 
fcripto magis expertis pnzdiflce Univerfttath. We have 
thefe Writs in Prynne's Parliamentary Regifter^ Part the 

VOL. I. I Firft, 

c Aino Gratia M.CCC. in 7 r igilij Pafchz, 5 Id. A p. Momta qua di- 
titur Pollards &f Crokards, & alft? fdlfa Moncta per Angliam probibentur. 
Mat. Weflm. 

d Mat. Weflmlnjlcr. Knyglton fays Stamford. The Statute di Ef- 

.iil>us was miie at this Time, Statutet at targe ; Anno 1301. 

Parliamentary HISTORY 

p. 345, and in the third Volume of his Collegians, 
p. 884. There are likewife the Returns from the two 
Univerfities, four from Oxford, not particularly named, 
and two from Cambridge, Simon de Wcldene, a Monk, 
and Hugo Samfon, Jurifferiti. They were all to meet 
at Lincoln on the O&aves of S. Hilary , or January 21 
following : But the Writs for calling this Parliament, 
with the King's Reafons for it included, are fo extra- 
ordinary, that we chufe to give a Tranflation of the 
Subftance of them as follows c : 

After a Recital, ' That the King had granted the 

* Charter of the Foreft, and had affigned Commiffioners 

* in every County where there were Forcfts, to make 
' Perambulations, and to report them to himfelf before 

* any Execution was done thereon, that his own Oath, 

* the Rights of the Crown, his Reafons and Claims, as 

* well thofe of all others might be faved ; and though 

* the faid Commiflioners had already returned to him 

* what they had done, yet becaufe the Prelates, Earls, 

* Barons, and Great Men of the Kingdom, in whofe 

* Prefence he would have his own and the Reafons of 

* all others propofed and heard, were not then prefent 
' with him ; fuice there were others who were bound 

* with himfelf to obferve and maintain the Laws and 

* Rights of his Crown ; and farther, that thofe who 

* ought to propound their Reafons concerning this Mat- 

* ter, had no Notice of it, without whofe Advice a good 

* End could not be put to it : Therefore, becaufe this 

* Bufmefs might be difpatched without Delay, he was 
' willing to have a. Conference and Treaty with the 
' Prelates, Earls, Barons, and Great Men aforefaid, 
' and others of the Community of the Kingdom , concern- 

* ing this Affair, and other arduous Matters touching 

* himfelf and the State of the Kingdom ; he therefore 

* commanded and firmly enjoined him the faid Sheriff 

* of Cumberland, to caufe to appear before the King at 
'his Parliament at Lincoln, on the O&aves of St. Hi- 

* lary next coming, -two Knights of his County, viz. 
116] ' T'bofe who came for the Community of the County by his 

* Precept to the loft Parliament, and alfo the fame Citi- 
' zens and the fame Burgeffes for all the Cities and Bur- 
' roughs within his Bailiwick - y and if any of them were* 

c From Prynne and Dugdale. 

^ENGLAND. 131 

dead, or infirm, then to caufe others to be chofen, and K i fl S Efaard I. 
come in their Stead j fo that they might be prefent at 
the Day and Place aforefaid, with full Power to hear 
and do what fhould be then ordained for the common 
Profit of the Kingdom.' 

Then the Writ concludes v/ith a Claufe of allowing 
the Knights and Citizens reafonable Expences in coming 
to, flaying at, and returning from, the Parliament; and 
with a farther Command to the Sheriffs, to make Pro- 
clamation in their Counties, That all thofe who would 
' put in any Exceptions againft the faid Perambulations 
fhould appear before him, and exhibit them in Par- 
* liament.' Witnefs the King at the Rofe f the Jix-and- 
twentieth of December, in the eight-and-twentieth Tear 
of his Reign. 

The like Writs were fent to all other Counties of 
England, except Che/hire and the Bifhoprick of Dur- 
ham z . 

This is the Subftance of the Writ of Summons in 
Englijh, wherein the Reafons are given why the Per- 
ambulations could not be receiv'd and confider'd fooner : 
And the Writs to the Bimops, Earls, and Barons, were 
in the fame Form and Words, as to the Reafons of it, 
as thofe to the Commons. 

The King wrote alfo to the Commiffioners, that had 
made the faid Perambulations, to be at this Parliament, 
and bring with them thofe Perambulations, and all 
Things that concerned them. 

At the opening of this Allembly Roger de Brabazon* 
the King's Chief Clerk, or Secretary, and Privy Coun- 
fellor, made them an excellent Speech on the King's 
Behalf, to this Effect : His Majefty has ordered me to [ i 17 "| 
let you underftand, that whatever he hath done in his 
late Wars, hath been performed by your joint Confent 
and Allowance ; but that lately, by reafon of the fud- 
den Incurfion of the Scots, and the malicious Contri- 
vances of the French, the King hath been put to fuch 
I 2 extra- . 

f Rife Caftle in Cumberland, now the Bifliop of Carlijlts Palac. 

g Dr. Brady fays Cb(J)>ire only ; but it is his Miftake, for Durham fent 
no Members till the 2<;th cf Charles II. See Statutes at large. 

Tyrrel cbferves, that the Doftor hath, in his Introduction, drawn fome 
Arguments from this Writ, to prove that the King might antiently have 
caufed iL-hat Members be p/eafcJ to be returned, to Parliament : But that he 
had fully anf-.vered thofe Arguments, and prints the Writ Verbatim from 
the Record in Suppoit of ths contrary Opir.ion. Jjrnf, Vol. Ill, 

132 The Parliamentary HisToRr 

King EdioarJl. < extraordinary Expences, that being quite deftitute of 
' Money, he therefore defires a Pecuniary Aid of you, 
viz. a Fifteenth of your Temporal Eftates.' Here- 
upon the Nobility and Commons began to murmur, and 
complained grievoufly againft the King's menial Ser- 
vants and Officers, for feveral violent Depredations and 
Extortions. Afterwards they defired that the Liberties 
contained in the Great Charter mould remain for ever 
in full Force : Alfo they requefted the King that the 
Disforeftings, by which the richer Sort had encroached 
much upon the Poor, and which he had often promifed 
ihould be amended, might be now ordered to be done 
without more Delay. Thefe and fome other Articles, 
which they earneftly prefs'd the King to grant, protracted 
this Seffion feveral Days. At laft, fays our Authority s, 
the King perceiving that they would not defift from their 
Demands, nor would fupply his Neceflities without they 
were granted ; he anfwered, That he was ready to do 
what they would have him, and if they had any Thing 
elfe to afk it mould be granted. Then the Charter of Li- 
berties and that of the Forefts were again renewed, and 
fealed with the King's Seal. They were afterwards car- 
ried into every County in England^ and, when read be- 
fore the People, .the Sentence of the greater Excommu- 
nication, as ordained by the Archbiihop of Canterbury 
and the reft of the Bifliops, againft the Violators of them, 
was proclaimed amongft them. For this Confirmation 
of their Liberties, this Parliament granted the King a 
Fifteenth of all their moveable Goods, to take Place at 
Michaelmas following. But the Archbiftiop of Canter- 
bury again refufed to lay any Tax upon his Clergy, or 
on any of the Temporalities annexed to the Church, 
without a fpecial Licence from the Pope. 

Dr. Black/lone obferves h , ' That this Confirmation 
of the two Charters feems to have been the final and 
complete Eftablifhment of them; which, he adds, from 
their firft Conceffion under King John, Anno 1215, had 
often been invaded, and undeigone many Mutations for 
the Space of near a Century j but were now fixed upon 
an eternal Bafis, having in all, before and fince this 
Time, as Sir Edward Coke obferves, been eftablifhed, 


Mat. WeHminJIer. 

b Ittroduftioa to Mtgna Cbarte, p, 74, 

*f ENGLAND. 133 

confirmed, and commanded to be put in Execution, by King Ed-ward i, 
two-and-thirty feveral Acts of Parliament.' But how- 
foever Edward complied at this Time, we fhall find, in 
the Sequel, that he was not without Hopes of having an 
Opportunity of caflating thefe Charters, and entirely 
damning them for ever. 

That the Barons were the principal Inftruments to 
put Fetters on themfelves, appears from what Mr. Tyrrel 
obferves ; who, tho' no Friend to the Prerogative, has 
given us an Abftract from an old Manufcript Chronicle', [ 118 ] 
wherein the infolent Demands of the Barons run near as 
high againft this great and wife King, as they did againft 
his Father : For, fays this Hiftorian, the Great Council 
of the Nobility being continued, after the Commons 
were rifen, till towards the latter End of Lent, they be- 
gan to fall upon feveral rafh and imprudent Projects and 
Demands ; as, That the Chancellor, Chief Juftice, and 
Treafurer fhould be chofen and appointed by the Com- 
munity of the Kingdom ; which fo far provoked the 
King, that he returned them this refolute Anfwer : 

7 Perceive you would at your Pleafure make your King The King's re- 
-^ truckle to you, and bring him under Subjection. fFkyhlute Anfwer to 
have you not afked the Crown of me alfo? whil/l at the^ Demand of 

r t-f- i i ft rf f t ' le Batons, to 

Jame Time you look upon that as very fit and necejjary for w hi c h they fub- 
y our f elves, which you grudge me that am your King : Fo. 
it is lawful for every one of you, as Majler of his own Fa- 
mily, to take in or turn out tuhat Servants he pleafes ; but^ 
if I may not appoint my Chancellor , Chief Ju/tice, "Jufti- 
ciary, and Treafurer ', / will be no longer your King ; yet 
if they, or any other Officers, /J)all do you any Wrong or In- 
jujlice, and Complaint be made of it to me, you Jhall then 
have fame Reafon to complain if you are not righted. 

This fo reafonable Anfwer of the King's made thofe 
afhamed that were for thefe Alterations ; and though 
feveral of them defired Trouble and Difturbance rather 
than Peace and Quietnefs, yet the major Part of the 
Nobility, feeing thefe Defigris to be vain and frivolous, 
humbly begged the King's Pardon for their Prefumption. 

The King and his Barons being thus perfectly recon- 
ciled, an elegant Epiftle, as Matthew IVeJlminJhr calls 
I 3 >'> 

I Mr. Tyrrel fhould have mentioned the Authority. 

134 The Parliamentary HISTORY 

HM$ Edward I. it, was wrote to the Pope, fealed with one Hundred 
Seals, in order to prove the Right which the Englijh 
Kings had tb the Crown of Scotland, from the earlieft 
Times, againft the falfe Suggeftions, adds he, of the per-, 
jured Scots^ who had avouched otherwife. 

In this Parliament, alfo, the King created his eldeft 

Son, Prince Edward, Prince of IVales and Earl of 

fun] Cbefter\ to the no fmall Joy of the Weijb^ as this Prince 

was born amongft them. 
The Pope claims One great End of a Parliament's being called by the 

"f^'' n S st this Time, was to ^7 Before them a Letter 
. ^ e ^ a< ^ received from the Popej wherein his Holinefs 
claimed the Kingdom of Scotland as a Right belonging 
to the See of Rome k , as has been faid ; and for that Rea- 
fon, when he iflued his Writs for the calling of this Par- 
liament, the King wrote alfo to ibme of his own Clerks, 
feveral Deans of Cathedral Churches, feveral Arch- 
deacons, Officials, and others that had the beft Repu- 
tation for Lawyers in thole Times, to come to this Par- 
liament, for he fhould then have Occafion to treat par- 
ticularly, with Lawyers and others of his Council, about 
the Right and Dominion he and his Anceftors had to the 
Kingdom of Scotland. To the fame Purpofe he wrote 
alfo to the Chancellors of both Univerfities, to fend to 
this Parliament the moft expert and knowing Men in 
the Written Law. And, further, he lent his Writs to 
feveral Deans and Chapters, to feveral Abbots, Priors, 
and their Convents, to fearch their Archives, and fend 
all their Chronicles, in which was to be found any Thing 
relating to his Title to the Kingdom of Scotland. 

The Pope alledged, in his Letter, that the King of 
England^ both againft Reafon and Juftice, had made 
that Claim; for which he gave the following Reafons 1 : 
That King Henry III. had afked Aid of Alexander 
King of Scotland, againft Simon Montfort and his other 
rebellious Barons j and the fame King Henry acknow- 
ledged, by his Letters, that he fought not this Aid from 
the faid King Alexander, as a Service due to him, but 
meerly out of Favour. Secondly, When the faid King 
Alexander came to the Coronation of the faid King 
Henry, he came only as a Friend, and out of Kind- 


k H. Knygbton, col. 21529. 

I Dr, Brady, Vol, II. P . 71, from the Public Records 

of ENGLAND. 135 

nefs, &c. And as Edward King of England^ after the King Ed-ward I. 

Death of Alexander, had attacked and fubdued the 

Realm of Scotland, for want of a Governor, to him- 

felr, he declared it was contrary to Juftice and the 

Liberty of tte See of Rome. And that the faid King [ 120 ] 

Edward had fupprefled all the Scots Bifhops, and held 

them under Subjection to him, againft the Conftitution 

of the Catholic Church in general, and the See of 

Rome in particular.' 

The King, by the Advice of his Parliament, returned 
this Anfwer to that Part of the Letter wherein the Pope 
commanded Edward to (end his Pro6r.ors and Mefien- 
gers to the Court of Rome, to (hew what Right he had 
to claim the Realm of Scotland, That be did not think Jit 
to fay any Thing to it him/elf, but that the whole Barony 
of England would write to his Holinefs^ that their King 
could not al in that Manner, nor refer a Right, which 
was fa clear and open t to -the doubtful Judgment of ano- 
ther Court m . 

However, the King himfelf thought proper to dif- 
femble his Anger againft the Holy Father, for this ex- 
traordinary Stretch of Papal Authority againft him; 
and accordingly anfvvered the Pope's Letter in a very 
fubmiffive Manner n . He was alfo very copious in 
the Declaration of his Right that he had to Scotland, 
and began his Claim from King Brute and his Trojans; 
and, no doubt, to amufe the Italians, who could not 
contradict it, carried his Title clear through the fabu- 
lous Hiftory of Geofry Monmouth, C3V. But the Lords 
were more explicit in theirs, and made out their Mean- 
ing very plain to his Holinefs ; which Letter, as it is The whole Ba- 
fingular in its Kind, preferred in the Collection of Public J on 
j4fls, and was entirely a Parliamentary Proceeding, <fcny his Cla 
muft find a Place in our Hiftory. Befides, the Names 


" The Pope's Letter to the King containing this Demand, the King's 
Ar.fwer, with his Ciaim to Scot/and, and the Barons' Letter to the Hoiy 
Father, but without all their Names, are prcferved in Mat. Wtjiminfler. 
The King's Claim is alfo in Rymer^s Feedera, fub Anno 1301, Tom. II. 
p. 863. 

* This Moderation, on fuch an Occafion, when the King was highly 
provoked at the Pope's Pretenfions, muft be afcribed to the Need he 
had of him in the Affair relating to tire Restitution of the Duchy of 

Rymer't Feedtra, Tom. II. p. 873,4, 5, Edit, ficvnda* 

136 The Parliamentary HISTORY 

King Edward!. O f tno f e Lords, whom Dr. Rowel calls A Lift of tbofe 
r -I worthy Patriots who with/load Papal Ufurpation, in a 

J mo ft bigotted Age t deferves to be carried down to lateft 
Pofterity P. 

The Tranflation of this Letter is as follows : 

Their Names. f ^e Mojl Holy Father in Chrift, Boniface, by Divine 
Providence, Sovereign Pontiff" of the See o/Rome, bi$ 
obedient Sons, 

John, Earl Warren, 
Thomas, Earl of Lancajier, 
Ralph de Mount- Hermer, 

Earl of Gloucejler and 

Humhry de Bohun, Earl 

Hugh de Fere, Baron of 

William de Breufe, Baron 

of Gower, 
Robert de Montbault, Ba- 

ron of Hawardyn, 

of' Hereford and Effex, Robert de Tatejhall, Baron 
and Conftable of Eng- of Buckenham, 

Remold de Grey, Baron of 

Rut bin, 
of Henry de Grey, Baron of 

Hugh Bardolpb, Baron of 


Roger Bygot, Earl of Nor- 
folk t and Marefchal of 

Guy, Earl Warwick, 
Richard, Earl of Arundel, 
Adomer de Valence, Baron 

of Monterney, 
Henry de Lancajler, Baron 
of Monmouth, 

Robert de Tonny, Baron of 

CajUe Mawde, 
Robert de Clifford, Chat- 

tel lain of Appleby, 

John de Haftings, Baron of Peter de Mala Lacu, or 

Mawley, Baron of Mul- 

William de Ros, Baron of 

Hamlake [Helmjley], 
Robert Fitz- Roger, Baron 

of Clavering, 
John de Mohun, Baron of 

Almerick de St. Amand t 

3aron of Widebay, 


P This Catalogue of the Nobility is printed in Hollingjbead's Chronicle j 
but they are ftrangely called out of their Names and Titles. 

There are the Names alfo in Dugdalis Summons, who has given a Lift 
of thofe fummoned to Parliament,-\vhofe Names don't appear to the Let- 
ter, and of thofe who figned the Letter and were not fammoned, 


Henry de Percy, Baron of 

Edmond de Mortimer, Ba- 
ron of Wtgmore, 

Robert Fitz-Walter, Baron 
of Wodbam, 

William, Baron Molyns, 

John de St. John-, Baron of 

of E N G 

N D. 

Philip^ Baron of Kime, 
JVilliam de Ferrers, Baron 

of Groby, 
Alan de Zouch, Baron of 

'Theobald de Verdon, Baron 

of Webberley, 
Thcmasde Fur nival, Baron 

of Sheffield, 
Thomas de Multon, Baron 

of Egremont, 
William de Latimer, Baron 

of Corby, 

Thomas, Baron Berkley, 
Foulk Fitz- Warren, Ba- 
ron of Whitington, 
John, Baron Segrave, 
Edmond de Eincourt, Ba- 
ron of Thurgarton, 
Peter Corbet, Baron of 


William de Cantilupe, Ba- 
ron of Ravenjlhorpe, 
John de Beauchamp, Ba- 
ron of Hacche, 
Roger de Mortimer, Baron 

of Penkethlin, 
John Fitz-Reinold, Baron 

of Blenleveny, 
Ralph de Nevil, Baron of 

Brian Fitz-Alane, Baron 

of Bedale, 
William Marjhal, Baron of 


Walter, Baron of Hunter- 
William Martin, Baron of 

Henry de Tyes, Baron of 

Roger le Warre, Baron of 

[ 122] 

John de Rivers, Baron of King Edward I. 

John de Lancafter, Baron 

of Grifedale, 
Robert Fitz-Pain, Baron, 

of Lainnier, 
Henry Tregoze, Baron of 

Ralph Pipard'y Baron of 


Walter, Baron Faitconberge, 
John le Strange, Baron of 

Roger le Strange, Baron of 

Thomas de Chaurcis, Baron 

of Norton, 

Walter de Beauchamp, Ba- 
ron of Alcejler, 
Richard Talbot, Baron of 

John Bottecourt, Baron of 

Mend Jh am, 
John Engain, Baron of 

Hugh de Poinz, Baron of 

Cory -Ma let, 
Adam, Baron of Well, 
Simon, Baron of Mont acute, 
John, Baron of Sulle, 
John de Moelles, Baron of 


Edmund, Baron Stafford, 
John Lovell, Baron of 

Edmond de Haft ings, Baron 

of Enchimchelrnok, 
Ralph Fitz- William, Ba- 
ron of Grimtborpe , 
Robert de Scales, Baron of 

William Tuchet, Baron of [ I2 j ] 


<The Parliamentary HISTORY 

j ] m a p Jd am , Baron of 

John de Havering, Baron 

of Grafton, 
Robert la Ward, Baron of 

Nicholas de Segrave, Baron 

of Stowe, 
Walter de 7ey, Baron of 

Stone grave, 
John de Lijle, Baron of 


Eujlace, Baron Hacche, 
Gilbert Pecche, Baron of 

William Painell, Baron of 

Sago de Knovill, Baron of 

Foulk le Strange, Baron of 

Henry de Pynkeny, Baron 

of Wedon, 
John de Hodelejlon, Baron 

of Fanes, 

John de Huntingfield, Ba- 
ron of Bradenham, 

Hugh Fitz-Henry, Barofi 

of Ravenjwath, , 
John le Breton, Baron of 

Nicholas de Carrue, Baron 

of Mulesford, 
Thomas, Baron de la Roche 9 
Walter de Muncie, Baron 

of Thornton, 
John Fitz Marmaduke^ 

Baron of Hordene, 
John, Baron of Kingjlon, 
Robert Hajlings, Baron of 


Ralph, Baron Grcndone, 
William, Baron Leybourne, 
John de Greyjlock, Baron 

of Morpeth, 

Matthew Fitz- John, Ba- 
ron of Stockenham, 
Nicholas Meynill, Baron of 


"John de Painell, Baron of 

Oteli, or Ottely S 

Devoutly Kifs his blefled Feet : 

Their Letter to c 
the Pope. 

R Holy Mother, the Church of Rome, by 
whofe Miniftry the Catholic Faith is governed, 
' as we firmly hold and believe, proceeds upon mature 
' Deliberation in her Resolutions ; takes Care to preju- 

* dice no Man j and is as fojlicitous to preferve the Rights 
' of other People as of her own. Verily, being fum- 
' moned by our moft Serene Lord, Edward, by the 

* Grace of God, the illuftrious King of England, to his 
' General Parliament holden at Lincoln, the fame our 
'Lord the King fhewed us fome Apoftolic Letters, 
' which, upon certain Affairs to'iching the Condition 
' and State of the Realm of Scotland, he had received 

* from 

1 Tn all 124 Baron 1 !,' which is more than our prefeut Houfe of Lords, 
without the Biftiops, confifts of. 

cf E N G L A N D. 139 

* from your Holinefs, and ferioufly communicate<i them King Edward i. 
4 to us all. p ^ 

4 Which Letters, having heard and diligently confi- I I2 4 J 
c dered, we were extremely fhock'd at the Contents of 

* them, being altogether new and unprecedented. 

4 It is well known, Moft Holy Father, both in thefe 
4 Parts and other Countries, that the Realm of England, 
4 fiom its firft Inftitution, with the Kings thereof, as 
4 well in the Times of the Britons as Saxons-, had an 
4 abfolute Dominion over that of Scotland; and, in 
4 fucceeding Times, have always kept the Pofleflion, or 
4 the Superiority over the faid Realm. Nor in any 
4 Times did the faid Realm, by any Right whatfoever, 
4 belong, in Temporals, to the See of Rome: But rather 
4 the faid Realm of Scotland was always feudal to the 
4 Progenitors of our Lord the King, from all Antiquity. 
4 Nor were the Kings of Scotland, or their Kingdom, 
4 ever fubjedt or accuftomed to fubmit to any other than 
4 to the Kings of England. 

4 Neither have the Kings of England, in their faid 
4 Kingdom, ever fubmitted their Rights, in Temporals, 
4 to any Ecclefiaftical or Secular Court ; have never an- 
4 fvvered to them, nor ought to anfwer, but have invio- 
4 lably obferved to keep up the freePreheminence, State, 
4 and Dignity of the faid Kingdom, at all Times. 

4 Whence, upon a due Diliberation and treating up- 
4 on the Contents of your memorable Letter, the com- 
4 mon and unanimous Confent of all and fmgular was, 

* is, ami will be, God willing, for ever, 

* That our aforefaid Lord the King ought not to 
4 anfwer judicially before you, nor fubmit his Rights 
4 over the Realm of Scotland, nor any other of his; 
4 Temporal Rights whatfoever, to your doubtful Judg- 
4 ment. Neither has he any Reafon to fend his Mef- 
4 fengers or Pro6lors to plead for him in your Prefence ; 
4 particularly, when the Premifles will moft m'anifeftly 
4 tend to the difmheriting of the Right of the Englifl) 

* Crown, and its Royal Dignity, and the utter Sub- 

* verfioii of the State of the laid Kingdom ; and be a 
4 Prejudice to our Liberties, Cuftoms, and paternal 
4 Laws ; the Obfervation and Defence of which we 

4 ftand obliged, by our Oaths, to defend ; and which, C I2 5 I 
4 by the Help of God, we will, with all our Power and 

4 Strength, 

The Parliamentary HISTORY 

King Edward l. e Strength, maintain. Neither fhall we in any wife per- 

* mit, as we can and ought to hinder, fuch unaccuftom- 
' ed Doings ; nor (hall we fuffer our aforefaid Lord the 

* King in any Manner to attempt to do, if he would, 
'fuch undue, prejudicial, and, heretofore, unheard-of 

c Therefore we humbly and reverendly befeech your 
' Holinefs, that you would kindly permit our Sovereign 
' Lord the King, (who, amongft other Princes of the 

* the Earth, (hews himfelf a true Catholic, and devoted 

* to the fee of Rome) to poflefs quietly all his Rights, 
c Liberties, Cuftoms, and Laws, without Diminution 
' or Difturbance. 

' In Teftimony of which we have put our Seals to 
' thefe Prefents, as well for ourfelves, as for the whole 

* Community of the aforefaid Realm of England. Datis 

* et afiis Lincolniae, Anno M.CCC.I.' 

We have now gone through with the Tranfadtions 
of this memorable Parliament at Lincoln, which began 
in January, 1301 ; but how long it fat is uncertain. 
However, we find no Mention of another Meeting of 
Parliament till the next Year, when it was called to 

Anno Re ni -o ^ e fl min j^ er on tne ^ r ^ ofjuly, 1302 r , Anno Regnl 30. 

' an 1 30 e 2 . m 3 * We have for Authority, in Dugdale, the Writs to the 

Prince of Wales and Peers, to the Archbifhops and Bi- 

AtWeJ!mi*fler. flj O p Sj an d t |-, o f e to t h e Judges and Council, dated apud 
Thurrock-Grey s , the fecond of June this Year ; but we 
do not find that the Commons were fummoned to this 
Meeting. The Bufinefs it was called for was to con- 
fult together about concluding a Peace with France^ 
which was then upon the Carpet : And, to that End, 
the King's Council defired, That his Majefty might go 
over there in Perfon in order to treat with the ^French 
King viva Voce about it ; which Refolution, they added, 
would pleafe the Nobility of both Kingdoms much ; nor 
could the middle and lower Sort of People be aggrieved 


r There are fome Pleadings in Rjlcy, faid to be made in Parliaments apud 
Weftm. in OBabn 5. Johannis Bapt. An. Reg. R. Ed. Filii R. Hen. tn- 
tejimo, p. 231. 4 

Tyrrel gives us alfo another Great Council (not a Parliament, he fays, 
brcauic no Commons were fummoned) at Stamford this Year, in Midler.t, 
where fome Complaints were made that the Forefl Laws were not yet put 
in Execution, &c. Vol. III. p. j^g. 

* la the County of EJJ'ex, 

of ENGLAND. 141 

at It: But the Parliament defiring more Time to confiderKing Edward h 
of this Motion, they were diflblved, and a new one 
was fummoned to meet at London ; the Writs for which 
were dated at Wejlminfler the 24th of July, for Michael- 
mas following. The Writs for fummoning the Knights, 
Citizens, and Burgefles to this fecond Parliament are ftill 
extant ' ; but in the Body of thofe to the Peers only, &c. 
is particularly exprefied, ' That they were called to 
confult about a Propofal offered to the laft Parliament 
relating to the King's going abroad, &V.' 

But tho' this Parliament was fummoned to meet at 
Michaelmas^ as has been faid, yet the King, for Rea- 
fons not given, thought fie to prorogue them by Pro- 
clamation to the 14-th of October following u ; when, 
being met, and the fame Propofal again made to them 
as in the former, it was unanimoufly rejected, and a 
Refolution made, ' That the King fhould remain in his 
own Dominions, and not go abroad out of them on any 
Command or Pretence of the French King's whatfoever w . 
We cannot find that there were any Aids afked, or any 
other Bufmefs done at this Parliament, except the Plead- 
ings mentioned from Ryky, at Note * in the foregoing 
Page, may belong to it. But to proceed. 

There is fome Notice taken of a Parliament in the [ 126 ^ 
Public Ac-Is, faid to be called in Lent this Year, wherein 
the King ordains four of his Chaplains to be Receivers of A oRe 
Petitions at it. But Ry ley has preferved a great deal of a 1305." 
Parliament which his Authorities fay was held at IVefl- ,. . . 
minfler, on the Sunday 'after the Feaft of St. Matthias 
the Apoftle, in the thirty-third Year of his Reign. The 
primary Ceremonials of which, as they are very circum- T h e jvf anner O f 
ftantial, may give our Readers a Notion of the whole opening a Parlia. 
Proceedings of fuch an AiTembly in thofe Times, tranf- ent , in this 
lated from the old French, as follows. Firjl, It was or- 
dained by the King, that Sir Gilbert de Roubiry, Mafter 
John de Caam, Sir John de Kirkeby, and Mafter "John 
Bufsh fhould be Receivers of all the Petitions of thofe 


t Vide Dugdales Summons for the Lords j and Prynne's Parliamentary 
Regifter, Part II. p. 66, for the Commons. 

u Dated at Lewes \aSufflx, Sept. 13. Ufque inCro/l. S. Edwardi. 

w Totiut Regni Conjllio defnltum eft, Rcgem in Regno proprio comrhatitrr t 
nee pro Mandate vil Svggtftione Rfgii Francorum ait Anglu egredi eft per- 
mi/us. Mat. Wcftm. fat hoc Anns. 

142 The Parliamentary HISTORY 

King Edward I. w ho fliall be Petitioners of this Parliament at We/hninfter* 
And, upon this, Proclamation was made, by the King's 
Command, in the Great Hall at Wejlminfter, at the 
Chancery-Bar, and before the Courts of the King's 
Bench and Exchequer, in the Guildhall of London, and 
in Weftck**ft\ in thefe Words : 

r -J Know all thofe that come with Petitions to this ap- 
6 preaching Parliament, that they deliver them from Day 

* to Day, betwixt this Time and the firft Sunday in Lent 

* at the fartheft, to Sir Gilbert de Roubiry, Mafter John 
< de Caam, &c. or to any of them, who are appointed 

* to receive them to the aforefaid Time at the fartheft*. 
' And by this Ordinance and Proclamation all Petitions 

* {hall be given in accordingly.' 

After this the King afiigned Sir William Ing, Mafter 
Richard de Havering^ Sir "John de Glide ford, "James de 
Dalileigh, and Mafter John de We/ton, to receive all 
the Petitions which concerned the Kingdom of Scotland. 
He alfo affigned the Bifhop of Chefler, the Earl of Lin- 
coln, Sir Aymere de Valence, Sir 'John de Bretaign, Sir 
"John de Havering* Sir Arnold de Canpenn, the Prior of 
Mafe, Mafter Peter Arnold de Bik, Mafter Peter Erne- 
rick, and Sir John de Sandale, to receive and anfwer all 
the Petitions that concern the People of Gafcoigny, which 
may be anfwered without the King. The King alfo 
appointed Sir John de Berivyn, Sir Henry de Stainton, 
William de Dene, William de Mortimer, and Roger de 

v ^, Beanfon, to receive all the Petitions from Ireland and the 

Ifle ofGuernfey, and to anfwer all thofe that may be an- 
fwered without the King. And all Petitions chat either 
concern Scotland, Gafcoigny, Ireland, and Guernsey muft 
be firft delivered to thofe appointed by the aforefaid 
Gilbert de Roubiry, Mafter John de Caam, John de Kirke- 

And of diflbl- by, and Mafter John Bufsh, in the Manner aforefaid. 

vmg them. The Bufmefs of the Seffion being over, this following 

Proclamation was made by the King's Command, which 
feems to be the Method of diflbl ving a Parliament at 
that Time: 

' All Archbifhops, Bifhops, and other Prelates, Earls, 

* Barons, Knights of Shires, Citizens and Burgefles, 
' and all other of the Commons which are come, by 

1 the 

x This was an" Allowance in Time of iuft a Week j Eaflcr-Day this 
Year, 1305, was on the iSth of dpri!. 

of E N G L A N D. 143 

the Command of our Sovereign Lord the King to this King Edward I. 
' Parliament, the King gives them many Thanks for 

* their coming, and wills that, as they have defired, 
' they may return into their own Country; going forth- 
' with and without Delay, notwithstanding other Com- 

* mands, except the Biihops, Earls, Barons, Juftices, p 2 Q T 
' and others, who are of the King's Council, and thofe 

muft not depart without fpecial Leave from the King. 

* Thofe alfo who have Bufmefs have Leave to follow it. 
' And the Knights which are come for the Shires, and 
others for the Cities and Boroughs, may apply them- 

* felves to Sir John tie Kirkeby, who will give them Briefs 
4 to receive their Wages in their fever al Countries. And 
the aforefaid John de Kirkeby is hereby commanded 

* to deliver, to the Chancellor, the Names of all the 

* Knights of Shires, and the Names of all the Citizens 
' and Burgeffes, that come for fuch Briefs for their Ex- 

* pences.' 

Many are the Petitions which Ryley has given, with 
the Anfwers to them, in his Collection; the greater}. Part 
of them are private Concerns and Complaints: There is 
one, however, of a public Nature, which cannot be paf- 
fed by without Notice z . This is vouched by an Au- 
thority ftill extant amongft the Records in the Tower, 
which is {tiled, Ordinatio faff a per Dominum Regem de 
Jlabilitate Terra Scotiae ; and begins thus, Fait a re- 
membrer que come nojire Seigneur le Roy de fan Parlement 
qll tynt a Weftmoftere, en ghtarreine fan de fon Regne 
trentifme tierz eujl fait a f avoir, &c. a . The whole Act 
contains the new Eftablifhment of the Civil Govern- 
ment in Scotland; but, all together, is much too long and 
foreign to our Purpofe ; what may be thought proper, 
is, That the King had before enjoined the Bifhop of 
Glajgotv, the Earl of Carrick, and John de Moubray to 
inquire into the prefent State of the Kingdom of Scot- 
land, and what Perfons fliould come from thence to Te 
reprefent that Country in Parliament. Tjie Commif- pointed to reprel 
fioners reported to the King, amongft other Matters, lent the Scon in 
that they thought ten Perfons were Sufficient ; that is f he En S K fi Par " 

* liament, 


z The whole Proceedings of this Parliament make 60 Pages in Rylcy. 
33 Edtu. I. 

a Clauf, 3-5 Edw. I. m. 13. dorfo in fcedula. This ftands as the only 
Aft in the Parliamentary Records for this King's Reign j but is printti 
in Prynnit Parliamentary R(gijicr t Vol. HI. p. 1653. 

j , M The Parliamentary HISTORY 

King</ fay, two Biihops, two Abbots, two Earls, two Ba-< 
rons, and two Commoners, one for this Side of the Sea, 
and one for the other b , to be chofen by the whole Com- 
munity of Scotland, on a Day the King fhould pleafe ta 
appoint. The King agreed to this, and that, as thefe 
ten were to be elected by the whole Community, the 
Community fhould bear their Expences ; and that two 
.fit Men, for each Part of the Kingdom aforefaid, fhould 
be chofen, and-have Power to raiie the Money to defray 
this, by and with the Advice and Confent of the Guar- 
dian of Scotland and the Chamberlain. 

Thefe Commifiioners for Scotland were directed, by 
the Act, to meet an Englijb Parliament at Wejlminjleri 
three Weeks after the Feaft of St. John Baptift next 
coming ; but it was afterwards prorogued two feverai 
Times ; firft, to meet on the Feaft of the Aflumption 
of the Virgin [Auguft 15] ; and the next Time to the 
Octaves of the Nativity of the Blefled Virgin [Sept. 17} 
that Year, to fit to do Bufmefs. The Scots Commif- 
lioners came to this Meeting ; and, as it may be fome- 1 
what curious to know the Names and Titles of thofe 
that were thus deputed, we (hall give them as follow,' 
viz. The Bifhops of St. Andrew's and Dunkeld, the 
Abbots of Coupar and Meauzes, the Earl of Buchan, 
MefT. John de Moubray^ Robert de Keith, Adam de Gor- 
don, and 'John de Inchcmartyn : Earl Patrick was elected 
as the tenth, but, he not appearing, the King nominated 
the Earl of Montetb in his Stead. Thefe Scots Com- 
miflioners were affigned by the King to treat with two-, 
and-twenty Englijk, chofen from the Clergy, Lords, and 
Commons, about fettling the Civil Government of Scot- 
land on the beft Foundation. Thefe CommifTioners, 
together, nominated and appointed "John Earl of Brit- 
tain Lord-Lieutenant and Guardian of the whole King- 
dom of Scotland ; William de Bevercotes, Chancellor; 
and,y<j/> de Sandale, Chamberlain. They alfo appointed 
eight Juftices in Eyre, half Scots, half Englijh, there alfo 
named, who were to prefide over four feveral Diftricts 
affigned them in that Kingdom. Laftly, they named 
all the Sheriffs for each County, and made many more 
Rules and Ordinances for the better governing this con- 

b We fuppofe the Ifles. The old trend is, Un de cea la Men, tt ua 
tutre dc la, Ryley, p. 243. 

of E N G L A N D. 145 

quered Country, which were all confirmed by the King King Edwardl^ 
in this Parliament. The Whole of this Act, if properly 
introduced, would make a confiderable Anecdote in a 
general Hiftory of Britain. 

The Public Atts b have given us a Copy of the Writs, 
dated at Winchejler^ April 5, 1306, for fummoning an- 
other Parliament to attend there on the Morrow of the 
Holy Trinity [May 30] that Year. The Archbifhop of 
Canterbury was not called to this Meeting ; and it ap- 
pears by the fame Authority, and by a Copy of the 
King's Letter to the Pope, there inferted, dated at Wm- 
the/ter, April b, Reg. 34, that he was then in Difgrace c . 
Several other Letters confirm it alfo, but it will ftill be 
made more evident by the Sequel ; for it is necefiary 
here, in order to keep up the Thread of our Hiftory, to 
relate fome Fails which happened at this Time ; and 
though they are not ftrictly Parliamentary, yet they bear 
a ftrong Reference to what was done in former Parlia- L 12 9 J 

King Edward had been long uneafy in his Mind, and 
looked upon the confirming the Liberties, contained in 
the two Great Charters, as a Diminution of the Royal 
Prerogative, as appears by a Complaint which he made 
to the Pope on that Occafion. ClementV. who expected 
to find his Account in difmtangling the King, made ufe 
of the Plenitude of his Power, and, by a Bull, abfolved Jjl! 
him, in Form, from all Oaths and Excommunications f m th/Oath 
which he lay under for the Obfervance of thefe Char- he had taken to 
ters d . And becaufe the Prelates had obliged them- 
felves, by Act of Parliament, to publifti an Excommu- 
nication againft thofe that broke the Charters, to avoid 
the Tenor of this Cenfure alfo, the fame Holy Fa- 
ther, in another Bull fent to the Bifhop of Worcejler % 
projiounces ail fuch Excommunications void and of 
none Effect. In the former Bull the Pope declares, 
' That in Cafe the King had fworn to keep the Char- 
ters above-mentioned, yet fince he had alfo fworn, at 
his Coronation, to maintain the Rights of the Crown, 
it was reafonable a Regard fhould be had to this prior 
Engagement, and therefore his Holinefs gives him a 

VOL. I. K Releafe 

*> Tom. II. p. 986. c Rid. p. 9 gg. 
d Feed. Ang. Tom. II. p. 970. Pat, Lugdani, 4 KaL Jan. 
:t. fui Pr 

I4 6 'The Parliamentary HISTORY 

King Ww<n. Releafe from all Promifes prejudicial to his antient Pre- 

Tyrrel takes Notice, upon this Occafion, that, at the 
fame Time the King obtained this Bull from the Pope 
for himfelf, he complained to the Pontiff for granting 
the like Abfolution for the Scots, upon their alledging 
that their Oath of Fealty had been obtained from them 
by Compulfion ; and from thence he draws this Re- 
mark, ' That Princes, as well as ordinary Perfons, are 

* often fo tranfported by Self-Love, that they judge of 

* their own Actions by one Rule, and of thofe that are 

* anywife fubjecl: to them, or under their Power, by 

* another.' 

The King's Confcience being now at Eafe, he puts 
in Execution a Project that had long lain revolving in 
his Mind :- This was to make a ftrifl Inquiry into the 
Mutiny and Behaviour of the Barons during his Abfence 
f 130 ] in Flanders, as is above related.. He began with the 
Earl Marfhal; who, being now in no Condition either to 
deny' the Fad} or juftify it, cafts himfelf upon the King's 
Mercy, made him Heir to all his Lands and Poffeffions, 
and even his Titles, and obtained a Pardon f . The reft 
of the Confederates were alfo examined, confefied, and 
were deeply fined . At laft the King fends for the Arch- 
bifhop of Canterbury, expoftulates with him as being at 
the Head of the Malecontents, and lays High Treafon 
to his Charge ; particularly that, when the King was 
abfent on the Score of the War in France, the Arch- 
bifhop entered into a Confederacy with the EarJs and 
Barons, ' To depofe his Majefty, to imprifon him for 

* Life, and to fet up his Son Edward in his Place.' 

The Prelate now loft all .his former Courage, and, 
being feverely reproached by the King for his Perfidy, 
he offered nothing in his Juftification, but threw him- 
felf at the King's Feet, wept, and implored his Pardon s ; 
nay, he was fo far confounded, that, Authors fay, he 
offered the King his Pall, and defired his Blefling. The 


f Pro obtinenda Gratia, conjlituit Regem Hteredem fuum Univerforum, 
Mat. Weftminfter, fub Anno 1305. 

4 g Mat. Weftminfter 5 Walfingbam, p. 91 ; Chron. W, Thorn, col. 2003; 

*Tyrrel fays that the laft-quoted Author is partial in his Account of this 
Matter, becaufe the Archbifhop had invaded certain Rights and Privileges 
belonging to the Abbey of St. Auftin in Canterbury, of which he was a 
Monk. But if Thorn was partial, the afore-cited Authors could not be f 
n the fame Occafion, who both agree in. near the fame Story, 


King replied, That he forgot his Chara&er, and that it King Edward fy 

was more proper for himfelf to receive than to 2;ive a 

Bleffing. In fhort, the King delivered over the Prelate 

to the rope's Mercy ; who, on a Hearing of the whole 

Matter at Rome, fufpended him ab Officio et Beneficia^ 

under which Sufpenfion he continued all that Reign. 

We come now to the laft Parliament called by this Anno Regni 354 
King, which was to meet at Carlljle on the 2ift of Ja- I3 7 ' 
nuary, in the Year 1307 h ; which was not only the laft, At Car/fa, 
but the longeft, according to Prynne, of any he held be- 
fore. We do not find that the Writs for fummoning 
the Commons to this Parliament are extant ; but thofe 
de Expenjis MiVitum^ at the End of it, are printed in the 
4th Part of Prynne's Regijier, dated Carlijle, March 10, 
by which it appears they were to be allowed babito Re- r . - 
fpeftu ad Loci Diftantlam, et ad Moramfuam diutinam, 
viz. a ditlis Off avis ufque ad J)ominicam in Ramis Pal- 
marum, rationabiles Expenfas fuas in veniendo ad nos f 
ibidem morando t ut preediflum /?, et exinde ad propria 

The firft Bufmefs of this'Aflembly was to'confider of 
Means to fecure the Poffeflio'n of Scotland., by uniting C I 3 I J 
that Kingdom to England, as appears in the Body of the 
Writs 'to the Lords, dated at Lanercojl, November^ 
preceding. Edward was refolved to fpare nothing to 
keep the Scots in Awe, and even to ufe the moft rigorous 
Methods ; but the Face of Affairs was to be much al- 
tered in that Kingdom before any fixed Refolution could 
be taken about it. 

At this Meeting great Complaints were made by the Complaints of 
Barons againft one William Tejia, an Italian Prieft, fent '' Op * 

by the Pope, for feveral Oppreffions and Extortions of 
Money, from the Churches and Monafteri'es of this 
Kingdom, not heretofore ufed. It was therefore prohi- 
bited the faid Prieft, by the Confent of the Earls and 
Barons ', to do any Thing of the like Nature for the 
future i and Meflengers were ordered to be fent to the 
K 2 Pope 

h In Of?al>;s S. Hilarii. The Writ for fummoning Thomas Earl of Lan- 
tafier, with the reft of the Lords, is in Rjmtr's Feed, Tom. II. p. 
See Dugdales Summons, p. 50, 52. 
i De rfj/fifu Coipitum et Baronum* Mat, Weftminfter* 

Parliamentary HISTORY 

to prevent fuch Proceedings from that See k . In 
the fame Parliament fome Statutes were enacted, touch- 
ing thofe Religious Societies that had their principal 
Monafteries beyond Seas '. 

At this very Time it was that the Bifhop of Litch- 
field, High-Treafurer, put the King in Mind what a 
pernicious Favourite the Prince his Son had got of 
Pierce Gave/Ion, a debauched young Man ; and of the 
* bad Confequences that might enfue from that Familia- 

rity. Edward refolved to apply a Remedy, and there- 
fore, by the Advice of the Parliament, Gavefon was ba- 
nifhed the Realm, as a Corrupter of the young Prince. 
Moreover, the King caufed his Son to fwear never to 
Pime Gave/Ion recall him, and Gave/ion to fwear alfo never more to 
banifhed. return to England. Upon that Condition he allowed 

him a Pension of 100 Marks, to be paid out of the 
r ,2- n Duchy of Guienne m . This Favourite was the Occafion 
of much Difturbance in the fucceeding Reign. 

There came alfo to the faid Meeting a Roman Car- 
dinal, one Peter of Spain, fent as an Ambaflador by the 
Pope into England, in order to conclude a Marriage be- 
twixt the King's eldeft Son, Edward, Prince of Wales^ 
and Isabella, Daughter of the King of France, which, 
for the Sake of Peace between the two Crowns, had be- 
fore been projected by Boniface the laft Pope n . The 
King, on his Part, faid he was ready to ftand to the 
Agreement, if the French King would fulfill all the Ar- 

k The Articles, feven in Number, drawn up againft the Court of Rome 

at this Time, arc in Rytys Placita Parliamentaria, f. 380 j and in Col- 

iier's EcdefiafticalHiJiory, Vol. I. p. 500. The fame Authorities alfo give 

. j1r/'! us a R emon ft rance againft the Oppreffions of the faid Court, which was 

ad Inft. 580; and in.Ry/y's Placita Parliament aria, p. 312. 

"> The Sentence, in old French, is in Rymer's F&Jera, Tom. II. p. 1043. 

Quidam Cardinalh Sabinenfis Petrus Hifpanus. Mat. Wejlminjler, 
It feems that the Bufinefs of this Cardinal was not fo much to conclude 
this Marriage, as to enrich himfelf by the Plunder of the Churches, (c. 
For the old Monk, of Wejlminjler tells us that this Cardinal, at his Return 
from Carlijle to London, produced a Bull, by which he was empowered to 
plunder, depilare Ecclejias Anglicanas, exacting from all Cathedral, Con- 
ventual, Regular or Irregular, Churches and Priories, Twelve Marks Ster- 
ling ; and from every Relory Eight-Pence from each Mark. 'Till at laft 
the King and Council thought fit to ordain, that the faid Cardinal fliould 
have no more than what was allowed to Cardinal Ottoboni, which was juil 
te Half of what the other demanded. 

^ENGLAND. 149 

tides on his Side. A fmall Caftle in Guienne^ which the Kin 8 Edwardl* 

King of France had not yet delivered up, obftructed the 

Marriage for this Time; and, though it foon after took 

Place, yet Edward never lived to fee it, dying this Year 

of a Dyfentery, at Burgh upon Sands-, in Cumberland^ The King's 

and left his eldeft Son, Edward^ Heir to his Kingdoms, Death. 

with all his Glories and all his Conquefts . 

It is out of the Courfe of thefe Parliamentary Pro- 
ceedings to attempt the Characters of any of our Kings, 
much lefs of this great and warlike King now before us. 
His Battles, Sieges, and Conquefts we leave to our more 
general Hiftorians to relate; and his political Capacity, 
in regard to his own Subjects, may be beft gathered from 
his Conduct and Dealings with his Parliaments through- 
out the whole Courfe of his Reign. It has been faid 
that this King gave the laft Sanction to the two Great 
Charters, whereby they were eftabliflied for ever : But 
we fear that, if he had lived to return from this laft 
Scots Expedition, he would have availed himfelf of the 
Pope's Bull of Abfolution, and at once have thrown off 
the Shackles he thought his Subjects had impofed upon 
him. That painful and voluminous Writer and Col- 
lector of Englifn Records and Hiftory, Mr. Prynne, has 
left behind him his Sentiments on this Matter, in which 
he has difplayed his true Proteftant Zeal againft Popes 
and their Bulls to fome Purpofe. We fhall give it in 
his own Words, without any other Comment or Ani- 

' The King having now cruflied the Earls and Barons 

who had formerly oppofed and confpired againft him, 

with this Archbifhop, the Captain, chief Author, and 

K 3 Encou- 

o This Year alfo, according to the Archbifliop of Co/bet's Englijh Hifto- 
rica I Library, died our Contemporary Hiftorian, Matthew of Wejimlnjter t 
filled, for his admirable Collections, florilegutt 

There are feveral Statutes made at different Times, but whether in Coun- 
cils or Parliaments we know not : They are extant in the Statutes at largt, 
but are not taken Notice of by our Hiftorians, vix. 
Stat. de Prote&ionibus, at Wefimin- The Statute de Feoffatis, May 27, 

jler, AW. 18, 31 Edward I. 34 Ed-ward I. An. 1306. 

An. 1304, Articles of Inquifition on the Sta* 

A Definition of Confpirators. tute at Wmcbefttr fife. 

Statute of Champerty, Sep. 18, 1305. A Statute of amortiftng Lands, 
An Ordinance for Jnquefts. A Statute of Liberties, vjft, 

An Ordinance for meafuiing of Land. Ordinati'j Forefttf, cW. 

f Prynnis Partiamtntjry Recordi, Vol, III. p. 1097, 8. 

i 5 o TZtf Parliamentary HISTORY 

of their Con fpi racy, g)uia hujus IntefiintS 
Seditionis caufa, Jur amentum Regni fui Proceribus de ob~ 
fervandis eorum Privilegiis et Immunttatibus a fe preftitum 
ejfe fenferat ejus Religione ampUus non teneri, fed Papa it 
Authoritate folvi voluit : Qbtinuitque Rex a Domino Papa 
Abfolutionem a Juramento quod invitus pr&jliterat fuper 
cbfervantia Libertatum alias a Comitibus et Baronibus 
exattarum ; ufus Confuetudine et Cauteld Paternd (fcilicet 
Avi et Patris fu'i Regis Joannis et Henrici III.) qui quo- 
ties Injlabat Necefjitas de facili jurare voluit fe fatisfaftu- 
rum Fotis eorum > et eddem facilitate voluit re filer e quoties 
fibi Tempus commodius acciderit, pretendens femper Pa- 
palem Abjolutionem a preeftito Juramento : Qua Regum 
tarn fupina Cescitate^ papalis Juris diftio ad earn Magni- 
tudinem crevit^ ut Reges plus quam ^Egyptiaca Obfcuri- 
tate involuti, Papce tantum Authoritatis deferentes, quee- 
cunque vel firmijjima ac fanttiflima Jura atque Feeder a ea 
dijfolvi pojfe fape ad fuam et Regnorum Perniciem cre- 
debant. In Hebdomada Pafchee, fecit Rex public ari Bui- 
lam Apoftolicam fuper Abfolutione Juramenti pr&Jliti fu- 
-per de afforeftatione jampridem faftd et fervandd, ex- 
communicando Jus Jurandum illud fervare volentes^ dam- 
tiantes vero illud approbat et abfolvit. 

' What could be more atheiftical, anti-chriftian, dia- 
bolical, fcandalous, deftruflive to Chriftian Religion, 
Public Faith, Honefty, Juftice, and human Society, than 
for this and other Popes, by their impious Bulls, to cano- 
nize profefled Perjury and Breach of folemn Oaths for a 
Chriftian Virtue, and damn the Obfervation of them for 
a moft deteftable Crime ? Yea, to excommunicate all 
thofe as unworthy the Privilege, Name, or Society of 
Chriftians. who made a Confcience to obferve their fo- 
lemn, facred Oaths ; and yet to approve, abfolve all 
thofe as moft innocent, meritorious Chriftians, who 
perfidioufly and wilfully violated them ? This letting 
loofe the Lion, and untying the King from the Cove- 
nant made with his Subjects concerning their Charters 
confirmed to them by his three laft A6ls of Parliament, 
"by abfolving him from his Oath, was an Ac!: of little 
Piety in the Pope, and of as little Confcience in the 
Kiiig ; who (as if he now fhould have no more Need of 
his Subjects) difcovered with what Sincerity he did it, 
is Samuel Daniel's juft Cenfure of, and Obfervations 

thereon 5 

of ENGLAND. 151 

thereon ; which unworthy A 61 God himfelf exemplarilyKing <fawr</ 1 

retaliated, by the Scots Violation of their Oaths, Cove- 

nants, and new Ordinance, moft folemnly made and 

fworn by them to King Edward in Parliament, without 

any papal Abfolution, and railing new Rebellions againft 

him, when he was moft fecure, to his unparallel'4 Vexa- 


To conclude our Hiftorical Account of Parliaments [ *33 3 
in this King's Reign, it cannot be amifs to infert the 
Names of the Bifhops, Abbots, Priors, and Barons that 
were called and appeared at this laft Parliament held at 
Carlijle. "John Stowe c , who has preferved this Lift in 
Part, writes, That he had feen an old Regifter, of good 
Authority, containing the Names of 87 Earls and^Ba- 
rons, 20 Bifhops, 61 Abbots, and 8 Priors; befides 
many Deans, Archdeacons, and other inferior Clerks of 
the Convocation ; the Mafter of the Knights Templars ; 
and of every County two Knights, of every City two 
Citizens, and of every Borough two BurgefTes, &c. 
But the following is a complete Lift of the Prelates, 
Abbots, and Barons, in this Parliament, taken from the 
Record itfelf. 

The NAMES of thofe who were fummoned to Parliament 
in the 35^ Tear of King EDWARD I. at Carlifle, in 
the Oftaves of St. Hilary, [Jan. 21] in order to treat 
upon the Affairs of Scotland, and other Matters fpe- 
cially relating to this Kingdom. 

D IV A R D Prince of Edmund Earl of Arundale* Lift of the Par- 

Wales* John de Britain, Earl of "*!? he j d at 

BARONS. Richmond, w? 

Henry Lacy* Earl of Lin- Guy Beauchamp* Earl of 

coin* Warwick* 

Ralph Mounthermer* Earl Robert Vere* Earl of Ox- 

of-GlouceJler and Hert- ford* 

ford, Gilbert Umfreville* Earl of 

Thomas Earl of Lancajier* Angus, 

Humphrey Bohun, Earl of Henry -of Lancajier* 

Hereford and EJ/ex* Aymer of Valence* 

John Warren, Earl of Sur- John Ferrers* 

rey 9 Henry Piercy* 


c Sec Stowc's Cbrcn. p. 2ii ( tyley, p. 318. 



i 2 foe parliament 

tary 11 STORY 

JKing Edward 1. BARONS. 

William Martin, 

Hugh Spencer , 

Thomas de Multon, 

Robert Phi-Walter, 

John ap Adam, 

William Latimer, 

Philip de Kyme, 

Robert Clifford, 

John de Segrave, 

Robert Montalte, 

Robert Fitz- Roger, 

Hugh de Veer, 

John L'Eftrange, 

Walter Faulconberge, 

'John Uljle, 

Ralph Soffit^ of Draiton, 

John de Sudley, 

Roger la Warr, 

Simsn Mountacute, 

John Paynell, 

Walter deTey, 

Alexander Baliol, 

Edmund de Hajlings t 

Hugh Point z, 

John de Lancajler, 

Roger Mortimer, 

John de St. John, 

134 ] William Rither, 

Henry Tregoxe, 

Reginald de Grey, 

John Lovel de Tichmerch t 

Walter de Muncy, 

Alan la Zouch, 

Robert de Scales, 

Henry Teyes, 

Mam de Well, 

Nicholas Segrave, 

Almaric de St. Amand^ 

Fulke Fitz-Waren, 

William Cantalupe % 
John Engaigne, 

John Fitz-Reignald 9 
Geoffrey Camvile, 

Gilbert Peche, 

William le p^avafour. 

John de Clavering, 

William de Ferrers, 

William de Leyburn, 

Robert Grendon, 

John de Beauchamp, of So~ 

Edmund Stafford, 
Ralph Fitz-William. 

William Grandlfon^ 

Thomas de la Roche, 

John Hajlings, 

Theobald de Verdon, jun. 

John le Mare, 

William Tucket, 

John de Rivers, 

Henry Hujfey. Total 86, 

John de Mohun, 

Peter de Mawley* 


Robert Fitz-Pain> 

Archbifliop of Tork, 

Hugh de Courtney, 

Eiihops of Lincoln, 

Edmond Deyncourt, 


John St. Jokn, of Lageham 9 
Geoffrey de Geynual, 


Thomas de Furnival 9 


Robert de Tony, 


Thomas de Berkeley^ 


William de Brtwfe^ 

St. dfaph, 

Peter Corbet, 






JSUhops of St. David's, 
Coventry and 
Bath and Wells. 
Rochefter 9 


Wincbejier. 20. 


Of St. Augujlin, in Canter- 

St. Edmundjbury t 

St. Alban's, 




St. Mary, at Ybrl t 



lVincbecomb % 

Gloucejler y 


Of Furneys, 
Alnivick 9 
St. Ofttb, 







St. Radegound, 



Holmecoltbram 9 



New Minfter 9 


Fountaynes % 








Stanley in Arden % 





Stowe adds the Names of fome other Abbots, of 
which the Record takes no Notice : Thofe are there- 
fore omitted. 

The King commanded the Bifliops to give Orders to 
their Deans and Chapters, and to the Clergy of their 
refpective Diocefes, to fend Proclors for the fame Pur- 
pofe ; all whofe Names are inferted in the fame Record, 
but too numerous to be recited. 

Writs alfo were iflued to the Sheriffs of every County, 
to fend for each Shire two Knights, for every City two 


The Parliamentary HISTORY 

.King Ed-ward I, Citizens, and for every Borough two Burgefles, Ad dic- 
tum Parliamentum venire, ad Traftandum, &c, but theit 
Names are wholly omitted in the Record. 

f 1 16 1 ^e flowing Account of the Price of Provifions in 

this Reign, will help to afcertain the Amount of the 

Price of Provi- Taxes in modern Money. In the Year 1288 Wheat 

lions in this was fold at London for 3^. \d. a Quarter, when it was 

Rei S n> deareft; and in other Parts abroad for 20 d. 16 d. and 

for 12 d. the Quarter, and in the Weft and North Parts 

for Sd. Barley for 6d. and Oats for ^d. the Quarter. 

And in the Year 1299 a ^ at ^ c ^ was fold for I ^ d. two 

Pullets for i \_d. a fat Capon 2 ^d. a Goofe 4^. a Mal- 

lard i ^d. a Partridge i td. a Pheazant 4^. a Heron 6d. 

a Plover I d. a Swan 3*. a Crane 12 d. two Wood- 

cocks i \d. a fat Lamb from Chriftmas to Shrovetide ibd. 

and all the whole Year after for 4^. *. 

TAXES in this King's Reign. 

Taxes granted to TN his 4th Year, A. D. 1276, he had a Fifteenth 
JKjng&/w/-<n. JL granted him by the "Earls, Barons, Great Men, and 
Community of the Kingdom ; and by the Archbifhop 
of Canterbury and his Suffragans, a Subfidy of their 
Goods (not faid how much) as a free Gift only, not to 
be drawn into Example a . 

In the 5th Year the Laity gave him the twelfth Part 
of their Goods towards carrying on the War in Wales b . 

In the I ith Year, towards the War againft the Weljb^ 
the Laity gave him a thirtieth, and the Clergy a twen- 
tieth Part of their Goods. Pope Nicholas IV. granted 
him a Tenth of all Ecclefiaftical Benefices, according to 
their true Value, upon Oath, throughout all England; 
to be received for the Space of fix Years next enfuing, 
for the Relief of the Holy Land againft the Turk s c . 

In the igth Year the Archbifhops, Bifhops, Abbots, 

[ 137 ] Priors, Earls, Barons, and all others of the Kingdom 

or Government, granted a Fifteenth of all their move- 

able Goods d . This Tax was to recompenfe the King 


z SVoWs Cbron, 
a Rot. Pat. 4 Edio. I. 
b Tbo. Wykti Hifi. Ang. fab 4n. 1277. 

c Ibid. An, 1283 ; and the Chronicle of Lancrcojl, quoted by Tyrrel. 
d This appears by the Cheques- Roll in the jgth of Edward], with 
the King's Remembrancer, Inter Communia de Term, Mich, Rot, N. 5. 

of E N G L A N D. 155 

for the Lofs he had fuftained by the Banifhment of the King Edward I* 

In the 22d Year the Prelates and Clergy granted the 
Moiety, or Half, of their Benefices and Goods ; to be 
taken, one third Part at the Feaft of d II -Saints next co- 
ming ; the other third Part, fifteen Days after Eq/ier ; and 
the laft third Part, fifteen Days after St. John Baptift 
then next corning. And in the fame Year, at a Parlia- 
ment holden on the I2th of November at Weftminfler t 
when four Knights were fummoned from every County, 
to confult and confent to fuch Things as the Earls, Ba- 
rons, and Great Men fhould ordain, for themfelves and 
the Communities of the Counties % they gave the King 
a tenth Part of their moveable Goods f . In the fame 
Month the City of London granted a fixth Part of their 
moveable Goods, as a Subfidy toward the War. About 
the fame Time there were Commiffioners appointed to 
require, in Perfon, the Men of all his Demefne Cities 
and Towns in all the Counties of England, by all Ways 
they mould fee expedient, to grant a fixth Part, as Lon- 
don had done, that it might mew Example to others of 
his Demefne Towns z . 

In his 23d Year the Clergy gave the King a Tenth; 
the Earls, Barons, Knights, and others h of the King- 
dom, gave an Eleventh ; and the Citizens and Burgefles, 
and other good Men of his Demefnes, gave him a Se- 
venth of their moveable Goods l . 

In the 24th Year, the Earls, Barons, Knights, and 
others of the Kingdom, gave a twelfth Part; the Citi- 
zens, Burgefles, and Tenants of his Demefnes, gave [ 138 J 
an eighth Part k . The Clergy gave nothing, by reafon 
of an Inhibition the Arcbifjhop had obtained from Pope 
Boniface; which he caufed to be published at this Time 
in all the Cathedrals l . 


e Rot. clauf. 22 Edw. I. m. 6. dorf. de Militibui eligend. & mittendit 
ad Concilium. 

f This appears by the Writ for appointing AfTefiors, Taxors, and Col- 
leftors for the fame Tenth. 22 Ed-w. I. m. 6. dorf. in fcedula. 

g Inter Record, dc An. 22 Edw. 1. Rot. 73 <& fexta Parte Regi conceffk 
in London. 

h Alii de Regno. 

i Rot. clauf. 23 Edw. I. m. 4. dorf. ib. m. 2. 

k Inter Commuma de Term. S. Michael. 25 Edw. I. Ret. N. 5. Penes 
Jlemem. Reg. 

i Matt, Ife/lmin/Ier. 

Parliamentary HISTORY 

. In his 25th Year he had a Ninth of all the Laity, and 
a Tenth of the Clergy, for the Confirmation of the Great 
Charter, and the Charter of the Forefts. The Clergy 
of the Province of Canterbury gave a Tenth ; and the 
Province of York a Fifth m . 

In his 29th Year, upon his Confirmation of the Per- 
ambulations of the Forefts, the Laity gave him a Fif- 
teenth of their Moveables n . Robert de Wincbelfea^ 
Archbifhop of Canterbury , would grant nothing for the 
Clergy without the fpecial Licence of the Pope. 

In his 32d Year, the King being in Scotland, Com- 
miffioners were appointed to tax Cities, Boroughs, and 
his Demefnes in Cities and Boroughs, either Capitation 
by Poll, or in common, as it might turn moft to his 
Advantage . 

In the 33d Year, the King having fummoned a Par- 
liament at Weflminfter^ to raife Money for the War 
againft the Scots, there was given him by the Clergy, 
Nobility, and Knights of the Shires, the thirtieth Pen- 
ny of ail their moveable Goods ; and at the fame Time 
the Citizens and Burgefles gave a twentieth Part of the 
fame Eftates. In this Parliament, alfo, the Archbifhops, 
Bifhops, Prelates, Earls, Barons, and other Tenants 
of his Demefnes, petitioned, That they might have 
Leave to taliate their Tenants of the fame Demefnes, 
as he had taliated them ; and it was granted P. And 
about this Time he had a Fifteenth granted to him in 

In his 34th Year, the King intending to knight his 

- eldeft Son, fummoned the Archbifhops, Bifhops, Ab- 

l '39 J bots, Priors, Earls, Barons, and other Great Men, to 

grant an Aid upon that Occafion. He alfo fent to all 

the Sheriffs of England^ to caufe to come two Knights 

of every County, and of every City two Citizens, and 

of each Borough one or two Burgefles, as the Borough 

was greater or lefs. Thefe Prelates, Earls, Barons, and 

other Great Men, and alfo the Knights of Shires, una- 

nimoufly granted to the King, for themfelves and the 


m 45 Edia. I. m. 6. dorfo. 

Rot. Peramb. Foreft, 29 Ediu. I. in Turre. 

Rot. Pat. 3 z Edta. 1. in fcedula. 

P Rot. clauf. 33 Ediv. I. m. 9. dorfo. Pj/efs Placit. Par!, f, 246 t 

1 lbidtm t f. 60, 

^/ENGLAND. 157 

whole Community of the Kingdom, a thirtieth Part of K Edward \l< 
all their temporal moveable Goods, &c. for a compe- 
tent Aid toward the Knighthood of his Son, and alfo for 
an Aid toward his Expences, which he was to be at in 
the War with Scotland. The Citizens and Burgefles 
alfo unanimoufly granted a Twentieth r . 

A late Hiftorian remarks, That, by the fummoningof 
Knights, Citizens, and Burgefles to Parliament, in this 
King's Reign, the Government became a Compound of 
three principal Kinds : The King, as Sovereign, repre- 
fented Monarchy ; the Lords, Ariftocracy ; and the 
Commons, Democracy : The Executive Power was 
iblely in the King by his fworn Officers, from whence 
came this Grand Maxim of the Law of England, That 
the King can do no Wrong. The Balance and Meafure 
of Power in the Government was in the King, Church, 
and Nobility, to the Proportion of above two Thirds of 
the Landed Intereft j but not one Third in the Com- 
mons 5 . 

TfDJPARD the Second, furnamed of Caernarvon, 
*-* began his Reign in the Year 1307, at the Age of K Edwardll; 
Twenty-three Years. Never did Prince come to the [jf ^ d h .]jjj 
Crown under more favourable Circumftances, or was Gavejlon, 
received with more general Joy and Applaufe by his 
People : Yet this King's firft Step in the Government 
blafted all their Hopes j for he had fcarce.done the laft 
Offices to that great Piince to whom he owed his Birth, 
when, forgetting his Oath concerning Gave/Ion, he re- 
called that Favourite j and, in an Inftant, as it were, 
made him one of the richeft and greateft Men in the 
Kingdom l . Anno Rcgni ti 

Jn the very firft Year of his Reign he called a Parlia- n&* 
ment to meet at Northampton, which was to confider 
about the late King's Funeral, his own Marriage with 
the Princefs Isabella of France^ his Coronation, and the 


f Inter Ccmmunia Term. S. Trin. 34 Edw. I. N. 40. Penes Remem. 
printed in Mr. Pttyt's Appendix to bit Rights of the Commons of England 
afferted. See alfo Jus Parliamentarism, by the fame Author, foL An, 1736. 

s Curdon'* Hiftory of Parliaments, Vol. II. 

t He made him Earl of Cornwall, and gave him all the Lands devolved 
to the Crown by the Death of the late Earl, Son to Richard King of the 
Romans ; with many other Lordfhips and Pofleffions, all mentioned in a 
Charter for that Purpofe, and which ftands as the firft public Aft of his 
ftel, dig, Tom, HI. p. i. 

Parliamentary HISTORY 

Lji. Edward II. prefent State of Britain. On thefe Occafions the Cler*- 
gy, as well as the Citizens and Burgefles, gave a Fif- 
teenth; and the Barons, with the Knights of Shires, a 
Twentieth. But, in Compliment to their new King, 
they ftretched a Point too hard upon his Subjects ; for 
they ordered, That the bafe Coin, which would not 
pafs in his Father's Time, fliould not now be refufed on 
Pain of Life or Limb w . This Parliament is not entered 
on the Rolls, nor are there any Writs or Returns now 
extant concerning it. 

An Order was made at this Time for the Burial of 
the late King, who was folemnly brought from Waltbam^ 
and interred at IVeftminfter with 'much Funeral Pomp 
and Ceremony. But to allay the young King's Grief 
for the Lofs of his Father, a Marriage was alfo con- 
cluded in this Parliament between his Favourite Pierce 
Gave/Ion, the new Earl of Cornwall, and the Daughter 
and Heir of Gilbert de Clare,-lL?ii\ of Gloucejier^ which 
he had by 'Joan de Acres, the King's Sifter x . 

Our modern Hiftorians are full of Invectives againft 
this Gave/ion; and fay that every frefh Favour granted 
to this Foreigner, by the King, increas'd the Hatred of 
the Lords againft him. One of them obferves y , * That 

* hardly would an Englijhman raifed to fo high a Station 

* have been endured ; much lefs a private Gafcoin Gen- 

* tleman, in whom they difcovered no other Merit than 
- * a handfome Face, an eafy Shape, and a quick Wit; 

"" J ' very agreeable in Converfation, but little proper to 

* govern a State.' On the other Hand, Dr. Brady , from 
Sir Thomas de la More, who was Servant to-Edward II. 
and wrote his Life, adds to the Character of his Perfon 
and Senfe, which the other gives him, ' That he was 

a great General, and fufficiently fkilful in Military Af- 
fairs ; which appeared by his Management of, and 
keeping in due Subjection, the Scots, when he com- 

* manded the Englijh Forces in that Kingdom ; and for 
which, add our Authorities, he was much envied by 
thofe who faw his happy Succefs z . 

However, fmce the Lords plainly faw that it was in 
vain to prefs the King to part with his Favourite, and 


w Rot. clauf. i Edtu. II. m. 18. d. Walfinglam, p. 96. 

X Hailing flead^ Chronicle. 

y Rapin. 

Bradf s Combat Hijlory of England, Vol. II. p. 1C I. 

^ENGLAND. 159 

that he would never confent to it unlefs he was forced, K. Ed-ward II, 
they convened themfelves at Ware, and from thence Rg . 
went to Northampton ; and the King, having no Forces nn ,308. 
to oppofe them, was obliged to fummon another Par- 
liament to meet fifteen Days after. Which being met 
accordingly at London % divers Articles were laid to the 
Charge of the Favourite, ' As abufing the King's Ear, 

* by obtaining immoderate Grants to himfelf j his em- 

* bezzling the Treafure of the Kingdom, and taking 

* the heft Jewels of the Crown to his own Ufe V Thus 
far Mr. Tyrrel- y but he omits what *f. Stowe adds in their 
Complaint, tho' he quotes the very Pafiage from that 
Hiftory, viz. That the Lords told the King, ' That 

* Gave/Ion's Father was executed for being a Traitor to 

* the King of France ; that his Mother was burnt for 

* a Witch ; that the faid Pelrce was banifhed for con- 
e fenting to his Mother's Witchcraft ; and that he had 
c now bewitched the King himfelf V 

The King, as is faid, hoping to divide the Barons, 
and take off fome that had been the leaft provoked, pro- 
pofed it to the Archbifhop of Canterbury, the Bimop of [ 142 3 
Durham, the Earls of Lancafter and Hereford, that he 
would refer all Differences to them, and confirm what- 
foever they fhould judge moft fit to be done on this Oc- 
cafion. But the Bifhops and Lords would not under- 
go the Odium of fuch an Arbitration; and faid, ' They 

* would act nothing without the general Confent of all Gave a gn b 

* the reft of the Barons, who would not be fatisfied with e d again by Order 
4 any Thing lefs than that the Earl of .Cornwall (hould of Parliament, 

' immediately quit the Kingdom.' This the King de- 
laying to grant, they were about to take up Arms ; but 
he fearing the ill Confequence of a downright Denial, 
after many Altercations with his Nobles, was at laft 
obliged to part with his Favourite, and to banifh him 
ftomjingland for ever. This Sentence had the Ratifi- 
cation of all the Eftates ; and, to make it ftronger on 
the King's Part, he confirmed it by Letters Patent under 


a On Hocday, fays Sto-we. This Day was called Hoc-TuefJay, beirtg 
the fecond Tuesday after Eafter Week. A Feftival anciently kept as a 
Memorial for the Englijh mattering the Danes, Jacob'* Law Dictionary, 

b Tyrrel's. Hiftory of England, Vol. III. p. 227. 

c Stowe's Hiftory of England, p. 213. Tyrret, we fuppofe, not having 
any great Faith in this laft Accufation, wholly emitted it. 

And his Adhe 
jents excommu 

1 6 o ?be Parliamentary HISTORY 

K, Edward II. the Great Seal. But all this was not thought fufficient 5 
for at the fame Time the Archbifhop of Canterbury^ 
with the other Bifhops and Prelates of the Church, be- 
ing aflembled in a Synod, thundered out their Sentence 
of Excommunication againft the faid Pierce Gave/Ion^ if 
he fhould remain in England beyond the Day prefixed ; 
and againft all fuch as fhould prefume to advife, affift, 
fuftain, receive, or adhere to him, or do any Thing 
whereby his faid Paflage over fhould be hinder'd; with 
the like Claufe againft all who fhould favour, advife, or 
procure his Return d . 

All the Mitigation the King could gain his Minion, 
in this Matter, was to fend him into Ireland-, over which 
Kingdom he made him Governor ; and the King him- 
felf bore him Company as far as BriJioL 

But there were other Matters, than this Affair of 
Gavejion, tranfa&ed at this Parliament. The Lords 
had a Mind to fall upon new- modelling the Govern- 
ment again ; and accordingly prefented an Addrefs to 
the King, complaining, * That the State and his own 
Houmold were fo ill managed, that it was abfolutely 
neceflary to find Means to prevent the Confequences 
of this Diforder.' They added, ' That the only pro- 
per Method, as they thought, was for the King to 
leave to certain Lords, appointed by the Parliament, 
the Care of well-governing the Kingdom, and his 
own domeftic Affairs. This very modejl Addrefs, 
which his Father would have made them fmart for, this 
weak Prince gave his Confent to; and, without confi- 
ACoBnmltee ap-(l e ri n g the Confequence of a Condefcenfion fo pernicious 
Ementtogovern to n ' s Authority and Quiet, he permitted the Parliament 
the King's Af- to chufe feven Bifhops, eight Earls, and fix Barons, to 
make the propofed Regulation e . 

It muft appear plain, to an impartial Reader, that 
the Republican Scheme, broached in his Grandfather's 
Time, was again fet on Foot under this King's Govern- 

ment ; 

* The Form of thefe Letters Patent, and the Sentence of Baniihment, 
are to be found at large in Tyrrell Hijlory, Vol. III. p. 219. 

e They were the Archbifhop of Canterbury ; the Bifhops of Loader-, 
Salijbury, Cbicbejler, Norwich, St. David's, and Llandaff; the Earls of 
Gloucefter, Lancoftsr, Lincoln, Hereford, Pembroke, Richmond, War-wick, and 
Arundel^ and thefe Barons, Hugh dtVere, William It Marjhal, Robert 
' Fitx-Rogir, Hugh Courtnay, William Martin, and John deGrey. Brady. 
See the King's Letters Patent, for conftituting thefe Commiflioners, in 
Bradfs Hiftory, Vol. II, p, aoz j and in the dpferdix, N*. 50. 



of ENGLAND. 161 

rhent ; and that the Banifhment of Gave/ion proceeded K-, Edward II, 

not fo much from the Love the Lords bore to the King's 

Perfon, as that they thought his Counfels and Influence 

would be a great Obftrudtion to their Defigns. No 

fooner were theie Commiflioners conftituted, but they 

all took an Oath, That they would make fuch Ordinances 

as Jhould be to the Honour of God, the Honour and Profit 

of Holy Church, to the Honour of their Lord the King y 

and to the Profit of him and his People, &c. After which 

they made feveral Ordinances, to the Number of forty- 

dne, which Dr. Brady has tranfcribed from the Parlia* 

ment Roll, and are printed in his Appendix. The fame 

Author has given us a Tranflation of them, in Effeft, 

\vith the King's Confirmation of them, both of which 

are too long for our Purpofe f : But the Preamble to 

thefe Ordinances, to fhew the good Defigns of the 

Patriots in thofe Days, may not be unacceptable to our 


' For that the King was deceiv'd by evil Counfel ; and 
the Nations of Gafcoigny, Ireland, and Scotland, in 
Danger to be loft; and the Realm of England to be r l .. -\ 
ruined by Oppreffions, Prizes, Takings, and Deftruc- 
tions ; therefore Robert Archbifhop of Canterbury, the 
Bifhops, Earls, and Barons, chofen according to the 
King's Commiflion, did ordain, to the Honour of God 
and Holy Church, and the Honour of the King and 
his Realm, in Manner following, frV/ 

It appears, by the Courfe of our Hiftory, that this 
Seffion of Parliament was very long, and, perhaps by 
Prorogation, continued till the next Year : For they 
were fummoned to meet on the loth of Augujl, and the 
King's Letter to conftitute the Commiffioners bears 
Date the ioth of March following. 

Not long after this another Parliament occurs, which Anno Reghi 2. 
met at Stamford, July 26 : It was fummoned to fupprefs I 39- 
the ill Intentions of the Scots ; yet we do not find any ^ t Stamford* 
Thing done to that Purpofe. But here the King fo far 
prevailed with the major Part of the Nobility then pre- 
fent, that they were content Pierce Gave/ion fhould en- 
joy the Earldom of Cornwall during Life. This Con- 

VOL. I. L defcenfion 

f Rotului Parliatntnti de Anno 5. Edw, II. Brady's Iliflory, p. 103 
to no. 

j62 The Parliamentary HISTORY 

K.&Mfll. defcenfion of the Nobility was owing, fays zn Author, 
to the King's confirming the Decree of the Commiflion 
aforefaid h . 

Anno Regr.i 3. Q n the 1 8th ofOflaber, the next Year, we find that 
JS 10 - the King held another Parliament, or rather a Piece of a 
At York. Parliament, at York; for here feveral difcontented Lords 
refufed to come, being greatly diflatisfied at what was 
done at the laft. At this Meeting the renowned Pierce 
Gave/Ion appeared again, and took his Place as Earl of 
Cornwall ; but he had much better have ftaid where he 
was, as the Confequence will ihew. The Heads of the 
Oppofition, who refufed their Attendance, were the Earl 
of Lancajler, the King's Coufin-German; and the Earls 
of Warwick^ Oxford^ Lincoln^ and Arundele ; whom 
t H5 ] Dr. Brady puts under the fignificant Name of the Or- 
dain ers *. 

The chief Bufmefs that was done at this Meeting, 
was, firft the King publiflied his Reafons for the recall- 
ing his Favourite, which were, * That he was baniftied 
contrary to the Laws and Ufages of the Kingdom, 
which he, the King, was bound to maintain by the 
Oath he took at his Coronation ; and feeing he was, 
in the Inftrument of Exile, fliled no otherwife than 
Good and Loyal, he returned at his Commandment ; 
and was ready to ftand Trial before him, and anfwer 
to all fuch as would accufe him, every Thin? that 
fliould be objected againfthim, according to the Laws 
and Ufages aforefaid.' This Declaration was dated 
at York, Jan. 18, and directed to the Sheriff of York- 
fiire, and all the Sheriffs in England k . 


K Tyrrel's Hilary cf England) Vol. III. p. 134. 

A Statute made at Stamford, 3d of Edward II. being a Confirmation 
of 28th Ed-ward I. is extant in the Statutes at large, Jui> hoc Anno. 

i The Barons now ufed to come to Parliament, themfelves and Attend- 
ants armed ; there is a general Inhibition from the King, and a particular 
one to the Earl cfLancofter, to forbid this Pradtice. Feed. Ang. Tom. III. 
p. aoo. 

Mr. Tyrrel has quoted in one Page, Vol. III. p. 234., two Paffages from 
Hemingford's Chronicle, a MS. in his Time ; but his Quotations muft cer- 
tainly be erroneous, fmce, by the learned Dean Gale's printed Edition of 
that Author, that Hiftorian comes down only to the Year 1273, and the 
Peath of Henry III. 

Carte is guihy of the like Mi/lake, by quoting Hemingford, An. 1309, 
a Ed-ward II. 

k Brady 's After.dix, N. 53. 

of E N G L A N D. 

The Lords, who were aflembled, neglected not this 
Opportunity offered them-, and reprefented to the King, 
c That the Laws and Cuftoms of the Kingdom were 
' not obferved, nor the late-made Ordinances regarded.* 
Upon which the King, to obviate fuch Reports, iflued 
out another Declaration, by which he commanded and 
firmly enjoined the Sheriffs of all Counties to proclaim 
in full County, and in all Cities, Boroughs, and Market 
Towns, and in other Places which they fhould think 
expedient, ' That it was his great Care and chief De- 
fire his Peace fhould every where be obferved ; and 
that all the Laws and Cuftoms of the Kingdom, ufed 
and approved in the Time of his Progenitors, and alfo 
all the Ordinances lately made to the Honour of God 
and Holy Church, and his own, to the Profit of him 
and his People, which were not to the Damage or 
Prejudice of him and his Crown, or contrary to the 
Laws and Cuftoms aforefaid, fliould be maintained 
and kept. Witnefs the King at York, Jan. 26 *. 
The difcontented Lords were then in London, and the 
King, fearing fome Difturbance might happen, fent an 
Order to the Mayor, Aldermen, and Common Council 
of London, l To fecure the City, fo as by the Meetings 

* of the Prelates, Earls, Barons, and others, there might 
' happen no Hurt or Danger to him or the City m .' 

The Declaration and Order above availed nothing to 
better the King's Caufe ; nor another, wherein he fets 
forth, * That he was refolved to preferve the Rights of 
' his Crown and Royal Dignity, the Peace and Tran- 

* quillity of Holy Church, and the whole People com- 
' mitted to his Charge in all Things ;' and, in order to 
proceed amicably with the diffatisfied Bifhops and Ba- 
rons, and according to the Power referved in the Pro- 
teftation he made when he confirmed the Ordinances, 
the King appointed Commiffioners out of thofe Prelates 
and Barons he had with him at York, to treat with 
thofe of the Seceffion at London, about the Obfervation 
of the Ordinances, upon which were grounded all their 
Pretences of Difcontent ; and to reform and correct, by 
their good Advice, all fuch Things in them as were 
prejudicial or injurious to him, or contrary to the Form 

L 2 Of 

1 Brady's Appendix, NO. 54. 

Idem, p. 113, x. Pat, Edw, II, P, II, m, 22* Tffle Rfee afud 
Ebor. Feb. S, 

164 tte Parliamentary HIST ORY 

'ti, Edward II, of the Commiffion, before granted, if any fuch {hould 

appear n . 

Farther DifFe- The Prelates, Earls, and Barons, who were then at 

rences between J^nfa^ excufed themfelves from treating concerning 

S 8 the Ordinances in the Abfence of the King, and fent 

him this Anfwer, ' That in his Prefence, whenever he 

' pleafed to call them together, they would treat upon 

the Ordinances, and (hould be ready to do all Things 

' according to his own Proteftation, and alfo according 

[ *47 ] 'to the Proteftation they made at the Time of publiih- 

' ing thefe Ordinances .' 

It appears by the Dates of thefe Writs, Declarations, 
&c. that the King continued feveral Months in Tork 9 
whilft thefe Difputes were in Agitation betwixt him 
and the feceding Lords. And thefe Tranfa'ctions, in 
feveral Circumftances, bear a ftrong Analogy to fome 
in a much later Reign, as the Reader will find in the 
Courfe of thefe Inquiries. Nor were the End of them 
Jefs fatal in one Reign than the other, fince they both 
terminated in dreadful Cataftrophies, the private Mur- 
der of one King, and the public Execution of another. 
The feceding Lords began now to pull off the Mafque> 
and to declare openly, that they would, by Force, drive 
Gave/ion from the King j and accordingly raifed an 
Army, over which, by common Confent, Thomas 
Plantagenet, Earl of Lancafter, was made General. 
After which they fent a Meflage to the King, worded 
humbly enough, ' That they befought him either to de- 
* liver Pierce Gavejlon to them ; or, as it had been or- 
6 dained, command him inftantly to depart the King- 
' dom.' The King, putting his Favourite's Preferva- 
tion on a Footing with his own, retired with him from 
York to Newcajile ; where the Barons and their Army 
followed them. From thence they went to Tinmoutb^ 
where the King taking (hipping, carried Gave/Ion with 
him to Scarbrougb, and placing him in the ftrong Caftle 
there, he himfelf left him and went to York. The Earl of 


n The King's Commifiioners were the Bifliop of Norwich, John Salmon, 
Guy Terre, John de Crumbeivell, Hugh de AudUy, William Deynccurt, Hen- 
ry Spigurnel, Henry le Scroop, Knights ; the two laft Juftices ; and Tho- 
mas de Cobbam, Robert de Pickering, Walter de Ttorf, Gilbert de Middle- 
ton, John Fraunceyt, and Adam Brigfs, Cletks. Idem in Append. N. ; <:. 
Dated at York, March 8. 

Rjf/r/s Plac. Par. p, 541. 

of E N G L A N D. 165 

Lancafler and his Army ftill followed them, and coming K, Edward II. 
before Scarbrougb Caftle they belieged it ; which, after 
fome Time, capitulating, Gavefton render'd himfelf upon They order 
Condition, * to (land to the Judgment of the Barons, ^ 

* and that he might once more fpeak with the King.' 
But now, having him at their Mercy, he found but a 
fmall Share of it from them ; for they foon after, with- 
out much Procefs, beheaded him, as a public Enemy 
to the Kingdom p . 

To clofe up this Man's Cataftrophe, take Mr. Daniel's 
Character of him in thefe Words : 4 He was a Native [ 
of Gafcolgny, and, for the great Service his Father had 
done to this Crown, was educated by King Edward I. 
with the Prince his Son, by which Means he gained fo 
great an Intereft in his Favour. He was a goodly Per- 
fon, of undaunted Courage, as he (hewed himfelf at a 
Tournament at W ailing f or d^ where he challenged the 
beft of our Nobility, and is faid to have foiled them 
all, which inflamed their Malice againft him. In Ire- 
land, during the fhort Time he was Lieutenant there 
in his Banifhment, he conquered the Rebels in the 
Mountains of Dublin, built Newcajile in the Kern's 
Country, and repaired Kauni Caftle, and afterwards 
pafled up into Munfter and Thomond, doing great Ser- 
vice to his Mafter with much Valour and Bravery. 
He feems to have been a Perfon who could not fawn 
or ftoop to thofe he loved not, nor difguife his Nature 
fo far as to temporize with his Enemies. But, pre- 
fuming upon his Fortune, he grew in the End to be 
arrogant and proud, and was fo intolerable, as no- 
thing but his Ruin, which it produced, could eafe the 
Subjects of that heavy Burden.' 

Gavefton being thus cut off, the Lords in the Confe- 
deracy lent a very haughty Meflage to the King, proudly 
demanding, fays an old Hiftoriani, that theirOrdinances 
ihould be confirmed and put in Execution, threatening, 
' That, if it was not done fpeedily, they would come 
' and compel him to do it ;' and they united all their 
Forces, and quartered themfelves in the Country about 
Dunjlable, the King being then at London. But foon 
jjfter a Treaty was fet on Foot betwixt the King and 
L 3 his 

P On a Hill near Warii-i.t:, June 19, 1312. 
<: fr;:tr--f faflti/antet. Walfiajkara. 

1 66 The Parliamentary HISTORY 

KEdwar<ill. his Barons, by the Mediation of feme Bifhops ; and 
Articles of Agreement, eight in Number, were fettled 
betwixt them r . By the firft, it was ftipulated, That 
' the Earls and Barons, concerned in the Affair above, 
c fhould come before the King in Weftminjler-Hall, and 

* with great Humility, on their Knees, make their Sub- 
' miffion; and fwear, if he fo defired, that what they 

* did, and for which they had incurred his Difpleafure, 
f , ,Q i was not done in Defpight of him, and they fliould 

' humbly pray his Forgivenefs, and receive it with a 
good Will, bV 

This Submiflion was to be made publickly at the 
next Parliament. But for all that the King took the 
Death of Gave/ion fo heavily, that he never forgave the 
Authors of it ; and, when he had it in his Power, re- 
venged it feverely on them, 

AnnoRegni 6. In the Year 1313, the King intending an Expedition 

X 3'3' into France^ and to carry his Queen with him, in order 

to pay a Vifit to her Brother the French King, thought 

efimtnjier. p rO p er r ^ Q ca jj a p ar li amen t to meet on the eighth 

of July at IVtftminfter^ and to leave a Commiflion with 
the Earl of Gloucefler^ conftituted Regent, together with 
the Bifhops of Bath and Worcejler^ and the Earl of Rich- 
mond, to open the Parliament and continue the Seflion 
till his Return. The Barons were very impatient to have 
the Acts of their Pardon and Security pafs ; and there- 
fore this Meeting did not fatisfy them, the King not 
being prefent at it, and they all went back to their own 
Homes. But the King landing a ftiort Time after, and 
finding how Matters went, thought fit to diffolve that 
Parliament and to ilTue out Writs for calling another, 
which was to meet on the 23d of September following 
at Weftminfter. 

The Earl of Lancafter came thither attended with 
a great Number of armed Men, raifed from his own 
Tenants ; notwithftanding the King had fent him a 
pofitive Inhibition againft it, as well as to fome other 
Lords of the fame Party 5 . When they were met the 
King renewed his Complaints before the Clergy and 


* See Brady's and TyrrePs Hiftories, p. 117, and 255. 

There were Letters of Safe-Conduft direfled to the Earls of Lar.colier, 
Hereford, and Warwick, the Barons Percy, Clifford, hot/and, and Fitx~ 
Marnaduke, with their Attendants and Swvants, Rym, Too, 111. p. 492, 

of E N G L A N D. 167 

Laity, ' concerning the Affronts and Injuries he had K< Edward II, 

* lately received from the Barons ; of their taking Pierce 

* Gave/ton and cutting off his Head, contrary to the Ar- 

* tides he had made at his Surrender.' The Confederate 
Lords, on the other Side, unanimoufly anfwered to thefe 
Accufations, ' That they had in nowife offended the 

* King in what was laid to their Charge; but rather 
' deferved Thanks and Good-Will from him, fince 

* they did not bring an Army thither in Contempt 
' of his Authority; but only to deftroy a public Enemy 

* of the Kingdom, who had been often banilhed by the 
' Community thereof, and which Sentence had been 

* confirmed by the King himfelf, as being a Perfon who 
' had not only injured the King's Reputation, but had 

* robbed the Crown of its Revenues, ancMiad raifed per- r , - o -j 
' petual DifTentions betwixt the King and his natural- 

' born Subjects.' They alfo boldly declar'd, ' That they 
' would no longer truft to his vain Promifes, or be de- 
' ferred any longer of their Securities/ The Queen, the 
Bifhops, and the Earl oiGlouceJier^ Ralph de Monther- 
mer^ who was a neutral Lord in this Matter, undertook 
to fettle thefe Differences, to mitigate the Difpleafures of 
both Parties, and to make Peace between them. By 
their Mediation, therefore, the King was to remit his Dif- 
pleafure towards the Lords, provided that they and their 
Adherents did, in J^eJ^min/ier-Hall^ in full Parliament, 
perform the Submi/Iion which had been before agreed 
on, viz. l That they (hould humble themfelves before T|j e B aron ,k- 
him, and beg his Pardon in whatever they had offended a forma} Sub nh- 
him, and thereupon the King fhould again receive fion. 
them into his Grace and Favour, and fhould look up- 
on them for the future, as his Liege-men and Subjects ; 
and, confirming all the Articles required, fhould never 
again queftion any Man for the Death of Gavsfton ; 
but fhould grant his Charter of Indemnity to all that 
(hould deftre it".' All which Particulars being agreed 
to by theKing, and perform'd by the Confederacy, they, 
with the reft of the Great Men of the Kingdom, con- 
fidering the King's Necefiities, granted him a Fifteenth 
of all their moveable Goods ; and then the Parliament 


u The Charter of Pardon is preferv'd amonpfl the Public AEl:, in Frtr.cb; 
and there arc near 500 Na;nts of Lords and private Gentlemen, the latter 
moft of them North, that ;ook out thair l^rdoas. 1'ied. Ar.^. Thin. UI> 
I 1 - 443- 

The Parliamentary HISTORY 

K.Ed-wardll. W as diflblved, every Man going home with Joy and 

The Affairs in Scotland, at this Time, went worfe 
than at home ; Robert Bruce, their new King, taking 
Advantage of the Civil Difientions in England, had now 
reduced moft Part of that Country to his Obedience. 
To recover what was loft, Edward rnifes a vaft Army 
The Scots gain a and marches againft the Scots King; but met with fo 
at Ban- great an Overthrow at Bannockburn, that, after leaving 
. tne g reate ft p art o f his Army dead behind him, he re- 

r -i tired with much Precipitation to York. Here it was 
* that he called a Parliament, or a Council, of his {battered 

AnnoRegni 7 . Nobility, to meet on the 1 5th of Augujl ; but the Na- 
1314. tion being in much Confirmation, by their late great 
1 Lois, though this Alterably fat from the Time afore- 

faid untill Muhaelmas, yet nothing but the Exchange 
of the Lndy of Robert Bruce, and fome other Prifoners, 
Was concluded at it. 

This Devaftation of Men was followed by a dreadful 
Famine, which lafted three Years, and deftroyed an infi- 
nite Number of People. To remedy which, and to fet- 
Anno Regni 8. t ] e t ^ e p r j ce o f Provifions, which were grown exceflive 
13IS> dear at that Time, the King fummoned a Parliament to 
lcr. meet at Wejiminfter, on the 20th of December, 1315. 
When the Prelates, Peers, and Commons were there af- 
fembbd, they took into Confideration the fad Condition 
The Price of o f the Kingdom, and how to abate the exceffive Price 
b^Procu'm^ion .f Victuals ; which, by reafon of the late bad Years, was 
on Account of grown fo fcarce that the ordinary People had much ado 
t0 " live> The Archbifll P s > Bifhops, Earls, Barons, 
and others of the Community of the Kingdom, prefent- 
ed a Petition to the King and his Council, praying, That 
a Proclamation miht be iliued out fettling the Price of the Manner following, ' Becaufe, fay they, 
' that Oxen, Cows, Muttons, Hogs, Geefe, Hens, Ca- 
' pons, Chickens, Pigeons, and Eggs, were exceflive dear, 
' that the bell Ox, not fed with Corn, fhould be fold for 
' fixteen Shillings and no more ; and if he was fed with 
' Corn, then for twenty four Shillings at moft. The 

* beft live fat Cow for twelve Shillings. A fat Hog, of 

* two Years old, for three Shillings and Four-pence. A 
{ fat Weather, or Mutton, unfhorn, for Twenty-pence, 

* This Battle was fought June z$, 1314. 

/ENGLAND. 165 

and flaorn, for Fourteen- pence. A fat Goofe for Two- K. Edward 11, 
pence Halfpenny. A fat Capon for Two-pence. A 
fat Hen for a Penny. Two Chickens for one Penny. 
Four Pigeons for a Penny ; and twenty- four Eggs for 
a Penny. And thofe who would not fell the Things 
for thefe Rates were to forfeit them to the King.' Pro- 
clamation was made in every County in England accord- 
ingly. Mr. Tyrrel obferves that Silver was then at 
Twenty- pence the Ounce j which muft argue a great r , 
Allay in it at that Time. 

This Petition being made by a Parliament, from, 
thence it became a temporary Statute a ; yet it did not 
take fufficient Effect, by reafbn that the Scarcity of all 
Provifions ftill increafed ; a Quarter of Corn being fold 
not long after for twenty Shillings, and Barley for a 
Mark ; the Sheep being alfo moftly dead of the Rot, and 
Corn being fo very dear Hogs and Poultry could not be 
kept, whereby all Sorts of frem Meats became fo fcarce, 
that the King, going to St. Allans in November this Year, 
had much ado to get Victuals to fuftain his Family. 

This Parliament, however, granted the King a twen- 
tieth Part of their Goods or Moveables ; but, in Staf- 
fordjhire and Shropjhire y fome refufed to pay it, and hin- 
dered the Collectors, appointed by the King, from ga- 
thering it. Their Pretence was, That this Tax was 
granted on certain Conditions, viz. That the King 
ihould caufe the Great Charter of the Liberties of Eng- 
landy the Charter of the Foreft, the Ordinances made 
by the Prelates, Earls, and Barons, and the Perambu- 
lation ofForefts, to be obferv'd ; which had not then been 
duly put in Execution. The King was much furprized 
and difpleafed at this Remonftrance, fmce he had ftri&ly 
commanded that all thefe Laws fhould b^ kept, and bad 
afllgned Commiffioners in all Counties to make the Per- 
ambulations j whereupon, that he might be thoroughly 


a Per Petitioncm Arcliepifccporum, Efifcoporum, Ccmitum, Baronum, et 
atior;.';;: d; Cow.wunitats Regni, coram nabis et Confdio nojiro exbibitam, &<:, 
Rot. Parl, NO 35, 36. 

This Petition, and the Order of Council made upon it, are entered on 
the Parliament Rolls, in French and Latin, of whioh the foregoing is a 
Tranflation. There are no !efs than 268 Petitions, with their Anf A-ers, 
entered alfo on the Rolls, all on private Affairs except the former, And 
in wlnt is call'd the Sth and 91)1 of the fame King, which takes in fome 
Part-of the fucceedmg Parliament at Line tin, divcrfe Memoranda, as they 
are there (bled, of more Petitions, are thsie entered, but all orv private 

170 Parliamentary HISTORY 

K,EJivarJlI, fatisfied about the Nature of the Action, and have the 
Names of the Actors, he appointed one of his Clerks to 
go with the Collectors, and to make Inquiry by them- 
felves, or by the Oaths of lawful Men of thole Parts, 
if it was needful, concerning the Particulars, and cer- 
tify them diftinctly to him c . 

AnnoRegni 9 

At Lincoln. 

L 153] 

The next Year, 1316, the King fummoned a Parlia- 
ment to meet at Lincoln^ fifteen Days after St. Hilary^ 
or Jan. 28 ; where being met, the King deferred going 
upon any Bufmefs, becaufe his Uncle, Thomas Earl of 
Lancajter, and other Great Men, were not yet arrived ; 
according to whofe Advice he intended to proceed. But, 
in the mean Time, the Chancellor, Treafurer, and 
Juftices of both Benches, were enjoined to bring in 
Briefs of fuch Matters depending before them, in their 
feveral Places, which could not be determined out of 
Parliament, that here, in this Seffion, they might pro- 
ceed in them as they ought. 

This is the firft Parliament that is entered on the 
Rolls in Form ; the Preamble tells us, That they met 
for the firft Time in the great Hall belonging to the 
Dean of Lincoln, in whofe Houfe the King then lodged. 
That, being affembled, the King gave Command to 
William Inge, one of the Juftices of the King's Bench, 
to declare the Caufe of the Summons ; which, he faid, 
was on fundry and arduous Matters, principally relating 
to the King's Realm of Scotland, as had been mentioned 
in the Writs. That the King defired they would treat 
on this and other Affairs with all convenient Speed ; ad- 
ding, That the King was under much Concern, that he 
was obliged to call them together at a Time when the 
great Scarcity of Victuals muft make thofe, who came 
from a great Diftance, to think their Stay both tedious 
and burthenfome. 

A few Days after, the Earl of Lancaftir and the other 
Peers being come, the Caufe of fummoning this Par- 
liament was again declared ; alfo for their Advice and 
Afliftance againft the Scots, who had pofieiTed themfelves 
of the greateft Part of that Nation, and thrown off all 
Allegiance to England', the King, ' befeeching and en- 

joining all his Liege Subjects, there prefent, to advife and 

Tyrrel and Brady. 


^ENGLAND. 171 

* a/lift him in this Matter V Upon this it was agreed fi. Edward il, 
to meet the next Day and treat about Parliamentary Bu- 

fmefs; when being aiTembled they debated many Things, 
which lookup all that Day, and the King commanded 
they fhould come together again the Day following ; 
when they were to meet in the Chapter-Houfe of the 
Church of Lincoln. Here it was agreed, that the A6t 
patted the laft Parliament, relating to the Proclamation 
for the Prices or" Victuals, ihould be repealed, and that 
they fliould be fold as formerly at as reafonable Rates as 
they could be afforded. For a very good Reafon, fays 
Walfmgham> becaufe, that after that Statute, Provifions 
were grown much dearer, the Dearth ftill continuing in. 
a greater Degree. 

Two or three Days after the King, by the Bifliop of 
Norwich^ declared to the whole Body aflembled, That 
' he would obferve all the Ordinances formerly made by 

* the Prelates and Great Men, and alfo the Perambula- 

* dons of Forefts made in his Father's Time, faving to 
the King his Reafons againft them ;' and Writs were 
made out accordingly. 

The next Day the Parliament granted to the King, In [ 154 ) 
Aid for his War with Scotland, of every Village in the 
Kingdom one ftout Footman, except Cities, Boroughs, 
and the King's Demefnes c ; and thefe Footmen were 
to be armed and furniftied with Swords, Bows, Arrows, 
Slings, Launces, and other Armour fit for Footmen, 
at the Charge of the Towns, and their Expences to be 
paid untill they carne to the Place of Rendezvous, and 
their Wages for fixty Days after, and no longer, unlefs 
the King's Service required it, at Four-pence a Day. 
Market- Towns that were able to be charged further 
with Men, were fo to be charged j the King promifins 
to give his Letters to the Peers and Commons, and to 
their Heirs, That this Grant Jhould be no Precedent^ nor 
drawn into Example for the future. 

The fame Day, by the Advice of this Parliament, the 
King ordered all the Military Service due to him, whicli 


<J Supplicant & injungens Prelatit, Proeeri!> :tt e t cxteris fideUbus tt Stii>. 
Jitis fun, Hi Jem exiJtcnJibui, ut fibi in Proimijfit cotifiilcrent, et fnc:rfnr 
Jlbi Auxiliuin opportunism. Rot. Par. 9 Edw. 11. 

e Cities ,:rul Boroughs were not exempted, for we find that the City of 
London fcnt 200, Canterbury 40, St. Allan i 10, and fo in fiopurtion to all 
tiic rcA. HJM, Daniel. But the Record h othcrwilc. 

172 *The Parliamentary HISTORY 

K, Edward II. wa s the whole Militia of England, to be fummoned to 
appear at Newcaftle upon Tyne, fifteen Days after Mid- 
fummer. Then the Knights, Citizens, and BurgefTes 
granted the King an Aid to carry on this Expedition in- 
to Scotland, which was a fifteenth Part of all moveable 
Goods, on Citizens, BurgefTes, and Men of Cities and 
Boroughs, and the King's Demefnes, which they were 
poflefled of at Michaelmas laft. 

Before this Parliament was diflblved, the King, to 
{hew his Sincerity towards his Coufin Thomas, Earl of 
Lancajler, ordered the Bifliop of Norwich to tell him, 
That he defired he would caft away all Fears and 
Doubts on his Account, affuring him that he bore the 
Earl a hearty Good-will, with the reft of the Nobles, 
and held them to be his faithful Liege-men ; and fur- 
ther told him, that the King defired to have him the 
Chief of his Council ; requefting him, in Behalf of the 
King, Prelates, and Great Men there prefent, to take 
upon him and affift and advife in the Affairs of the King 
and Kingdom.' The Earl thanked the King, and 
humbly requefted Time to give in his Anfwer f , and, 
after a very fhort Paufe, he confented to the Propofal, and 
I *55 J was fworn of the King's Council. Our Records have pre- 
ferved the Form of this Oath, or Protestation, which, 
fince it is fingular, done in Parliament, and ordered to 
be entered on the Roll, claims a Place in our Hiflory. 
' Whereas our Lord King Edward, by the Grace of 
God, King at England, hath, with the Prelates, Earls, 
and Barons of the Land, in full Parliament, requefted 
his dear Coufin, the Lord Thomas, Earl of Lancajler^ 
That he would be Chief of his Council in all great and 
weighty Affairs, touching himfelf and his Realm ; to- 
gether with other Prelates, Earls, arid Barons, who 
fhall, between the King and him, take Care, that it 
may be for the Profit of the King and the Realm ; the 
(aid Earl, for the great Love he hath for his Lord the 
King, and for common Profit of the Kingdom, and 
the Ordinances which he had intirely granted to ob- 
ferve, and the right Laws to maintain in all Points, 
and in Hopes to make Amendments in fuch Tilings 
as had been ill done in his Court, and the Eftate of 
his Realm, did yield to be of the King's Council, with 

' the 

f Sufflicavit yuod ifje fejfit delilerare et f-Jlea refondere. In Chijin. 

^/ENGLAND. 173 

* the Prelates, Earls, and Barons ; fo as at any Tlme^. Edward u. 
c if the King ftiall not do according to his Directions, 

* and thofe of his Council, concerning the Matters of 
4 his Court and Kingdom, after fuch Things have been 

* {hewn him ; and that he will not be directed by the 

* Counfel of him, and others, the Earl, without Evil- 

* Will, Challenge, or Difcontent, may be difcharged 

* from the Council ; and that the Bufinefs of the Realm, 
' concerning him, fliall not be done or performed with- 

* out the Afient of him and the other Prelates, Earls, 
' and Barons, which mall be ordained or appointed to 

* advife him ; and if any of the Prelates, Earls, and Ba- 

* rons fliall advife the King, or do other Thing which 
(hall not be for the Profit of him and his Realm, then 
' at the next Parliament, by the Advice of the King 

* and his Friends, they (hall be removed ; and fo it (hall 

* be from Parliament to Parliament, as to them, and 

* every of them, according to the Faults found in them/ 

In Witnefs hereof this Article was ordered to be en- 
tered on the Parliament-Roll. 

It is very plain by thefe Proceedings that the King [156] 
did as much as he could to bring over and eftablifh his 
Kinfman in his Intereft ; and, further, he created him 
General over the Forces that were to march againft 
Scotland ; but Dr. Brady obferves that no Hiftorian 
makes Mention of any great Thing he did by this Com- 
mand. Mr. Tyrrel indeed excufes him, and fays the 
Fault lay in the Diftruft the Earl ftill had of the King, 
which made the whole Expedition mifcarry. But the 
Contemporary Hiftorians, with more Juftice, fix it on 
the horrible Famine which raged in the Land, and de- 
ftroyed fo many People that no Army of any Confe- 
quence could be raifed amongft them d . However it 
was, we may believe that the Fire was not quite ex- 
tinguifhed between thefe two near Relations, fince, in 


a The Famine is reported to be fo great, and endured fo long, as is almoft 
incredible. The near Contemporary Hiftorians, Knyghton and Wa/Jirgkam, 
give dreadful Accounts of the Scarcity and the Mortality, both of Men and 
Cattle, which muft neceffarily enfue. A Quarter of Wheat, the Canon 
writes, was fold in Lcice/ter Market for forty- four Shillings; twenty 
Times above its ordinary Value j for the very next Year there was fuch a 
Harveft, that a Bulhel of Wheat, which fold befoie for ten Shillings, was 
fold for Tenpence j Oats, that \veve eight Shillings, for as many Pence, &?c. 
Liron. 'J. Stetve, 

*The Parliamentary HISTORY 

K.EJwarJlt. a fmall Time after, it broke out to the Deftru&ion of 
them both. 

There happened an Affair this Seflion of Parliament 
which deferves our Notice. John Lord Rofs was accu- 
fed before the King for drawing his Sword upon Hugh 
Defpenfer the younger, in the Cathedral Church of Lin- 
coln, during Divine Service, in the King's Prefence, and 
in Contempt of his Crown and Dignity. Lord Rofs 
pleaded that the other had infulted him firft with very 
contumelious Language, and had afterwards ftruck him 
a Blow on the Face, which drew Blood from him : That 
he, upon this, fearing more Mifchief, did draw his Sword, 
it was true, but not in Contempt of the King, but in 
his own Defence j and therefore he put himfelf upon 
the King's Mercy. But the King confidering that thefe 
Far.s were committed in his Prefence, in the Time 
of the Parliament's Sitting, and in manifeft Breach of 
the Peace, fined each of them IO,OOO/. e a mighty Sum 
in thofe Days ; and they were committed to the Cuftody 
of the MariThal till they paid it. They found Means ta 
get bailed afterwards ; but, by the Importancy of the 
Perfons who were their Securities f , it is plain the Crime 
was judged of a very high Nature. Nor did Hugh DC- 
fpenfer, tho' fome Time after the King's chief Favou- 
rite, gain his Pardon till near four Years after. 

There are feveral Matters elfe, but of lefs public 
Concern, entered on the Rolls, as done in this Parlia- 
ment, which we omit. The Writs for calling the Com- 
mons to this Meeting are not extant, though they are 
mentioned, under the Name of the whole Commonalty 
of the Realm, to be at it. 

So great were the Confufions that followed this Par- 
liament, by the Scots Invafions, that though more were 
called, yet none fat to do any Bufincfs to the Purpofe ; 
and one, particularly, which was fummoned to meet at 
Lincoln, in the Year 1318, the Writs being revoked for 
this Reafon, * That his Enemies and Rebels, the Scots, 

* had invaded England and come into Yorkflnrc, com- 

* mitting many Murders, plundering, wafting, and 

* burning the Country ; fo that the King refolved fud- 

' denly 

Deccm Milh'a Librarutn. 

f The Bail were Momar de Valentia, Earl of Pembroke ; Join de War- 
ren, Earl of Surry ; Edmund, Earl of Arundeit ; gilbert Pecche, Tbomat 
Latymer, and Roger de Felton, all Barons. Rot, Pad. 9 Edw. II. NO. 5, 6. 

of E N G L A N D. 175 

denly to march againft them with an Army to reflrain K, Edward II. 
c their Incurfions, and bring them to a Submiffion -, and 
* therefore this Parliament was put off g . 

But, in the Midft of thefe Tumults, the King found AnnoRegnl 12 
an Opportunity to meet a Parliament at York, which 1319. 
had been fummoned to come to that City three Weeks 
after Michaelmas h , in the Year 1319. Here it was that At * 
an Indenture, made betwixt the Earl of Lancajler and 
certain Prelates, Earls, and Barons, who were fent by " l $ 7 * 
the King to Northampton, to confult with the Earl about 
the better Regulation of the Government, was read in 
Parliament, and all Things in it diligently confidered 1 . 
Upon which the Parliament agreed to petition the King, 
" That, for the Honour of himfelf and the Profit of 
him and the Realm, for the great Affairs which con- 
cern him and which do daily happen, he would pleafe 
to aflent, That two Bifhops, one Earl, one Baron, one 
Baron or Banneret of the Family of the Earl of Lan* 
cojler^ in his Name and for him, fhould be prefent 
and remain with him by Turns, or Quarters of the 
Year, to deliberate with, and advife him in due Man- 
ner ; and that they might deliberate and advife about 
all con/iderable Matters out of Parliament, untill a 
Parliament ftiould otherwife determine concerning 
them ; fo as none of thefe Things fhould be debated 
without the Counfel or Aflent of the Prelates, Earls, 
and others which remained with the King according 
to the Form of the faid Indenture ; and if any Thing 
was done otherwife it fhould be void.' 
The King underftanding this Requeft, and, fays our 
Authority, defiring to be advifed what to do, or ought 
to be done, for the Honour and Profit of him and the 
Realm ; and confidering that when he received the Go- 
vernment he found Scotland in War againft him, and 
fince there had been Wars in Ireland, and many other 
Difturbances had happened in his Dominions, for which 
he thought it neceflary to have with him the greateft 


Z Bradv and Tyrrel, from Rot. clauf. n Edto. II. m. 3. dc.-fo. The 
Writ. :o the Earl ofLancafer is publilhed in Ry ley's Plac. Par. Af. p. 559. 
Fted. Ar.g. Tom. III. p. 7:2. 

h Oft. 20. Statutes at Izrgt, 12 Ed-ward \\. 

i See the Indenture at hrge in Brady and Tyre!, - Feed, Ang. Ton?. Ill, 
f . 722, &c. 


Parliamentary HISTORY 

.. Edward II. and moft fufficient Advice ; he therefore agreed to haVC 
the faid Prelates, Earls, and Barons to advife him irt 
the Form aforefaid ; yet fo as his own Minifters fhould 
always perform their Offices according to the Law and 
Ufage of the Kingdom. 

And whereas it was contained in the faid Indenture.* 
That the Prelates, Earls, and Barons, there named, 
had undertaken, by the Aflent of the King, that he 
fhould make to the Earl of Lancafler^ his People, or 
Party and Followers, Releafes and Acquittances of 
all Manner of Felonies and Trefpafles againft his Peace, 
untill St. James's Day this Year; and that the Char- 
ters of Releafe and Acquittances fhould be abfolute 
without Condition ; and if better Security could be 
found for them in the next Parliament, they fhould 
have it, and alfo confirmed by the King and his Ba- 
ronage ; the King, by the Aflent of the Prelates, Earls, 
Barons, and Commonalty of his Realm, in his faid 
Parliament, granted a Pardon to the Earl of Lancaster 
and his Followers, for the Breach of his Peace, and 
whatever belonged to him by reafon thereof; and of 
all Manner of Felonies and Trefpafles committed againft 
the Peace unto the feventh of Auguft laft paft, and a 
Pardon of Outlawry to thofe that fhould demand it, 
if any had been pronounced againft them, before the 
making of their Charters ; and commanded the Bifhop 
of Ely, then his Chancellor, That he fhould make 
Charters under his Great Seal, abfolute and without 
Condition, for the Earl of Lancafter, and fuch as he 
fhould, by his Letters, name to the Chancellor. 
* Alfo, whereas in the fame Indenture it was contain- 
ed, That the Ordinances fliould be holden and kept 
as they had pafled the Great Seal, the King now willed 
and granted, That they fliould be fo obferved, and 
that all thefe Things fhouid be entered upon the Par- 
liament-Roll, and lent to the Chancery to be enrolled 
there, and from thence to both Benches, to be like- 
wife enrolled in them V 

At this Parliament alfo the Defpenfers, Father and 
Son, came firft upon the Stage ; Hugh Defpenfer the 
younger, being, by Confent of this Aflembly, made the 


k Dated at Tork, the azd Day of OHober, An, Reg. iz. f' K d. AV& 
Tom. III. p. 733, 734. 

.of E N G L A N D. 177 

King's Chamberlain. Sir Thomas de la More, the Con- K <fawrf It- 
temporary Hiftorian of this King's Reign, writes, That 
he was put upon the King becaufe they knew he Hated - 

him. But the young Man foon played his Cards fo well [ 159 } 
that he quickly changed the King's Mind towards him, 
and became as great a Favourite as Gavefton ; for 
which he was perfecuted with equal Fury by the Or- 

We have not met with any Parliamentary Aids given 
by the Clergy for fome Time j but, at a Prorogation of 
this laft Parliament to meet again after Ea/ler, an Aid 
was demanded of that Body : They excufed themfelves 
from granting any, without the Pope's Licence ; but 
allowed that a Meflenger fhould be fent to Rome, at the 
King's Expence, for that Purpofe. At his Return he 
brought a Licence from his Holinefs, that the Clergy 
fhould grant a Tenth for one Year, which was done 
accordingly '. 

Another Confederacy of the Barons now flatted up The Barohs <3e- 
againft the Defpenfers, Father and Son, whofe Lands ma " d that the 
and Lordfhips they burnt and deftroyed all over England. n v S up 
Thomas Earl of Lancajler was alfo at the Head of this them, 
League ; and they had bound themfelves by certain 
written Inftruments, or Indentures, topurfue both Father 
and Son to Deftrudtion m . After many lawlefs DeVa- 
ftations, in which the Innocent were involved with the 
Guilty, they marched to St. Albarfs, from whence they 
fent five Bifhops n to the King, ' To demand, in their 

* Names, that the two Defpenfers, Hugh and Hugh^ as 
' Traitors, fhould be banifh'd from his Court and King- 

* dom.' The King anfwered the Meffrngers mildly, 

* That Hugh the Father was beyond Sea in his Service, 

* and Hugh the Son was at Sea, for the guarding the 
' Cinque-Ports^ according to his Duty; and that ac- 

VOL. I. M ' cording 

1 The Writ to the Archbiftop of Canterbury, &c. for collecting this 
Subfidy, is in the Public Acii ; in the fame Writ is mentioned au Aid from 
the Commons of an eighteenth Part, and a Twelfth from the Cities and 

Boroughs in the K. ng's Demefnes. Feed. Ang, Tom. Hi. p. 787. Dated 
at Tork, July 20, Anno Regni 13. 

See the Indentures at large, with the Names of the principal Confe- 
derate Lords, in Brady anii 'Tyrrel, under the Year 1310. Alfo in Feed, 
Ang. Tom. III. p. 868, 923. 

n The Bifhops of London, Sa/tftury, Ely, Hereford, and Cbicbefltr, who 
were come to t'v: Confederate Baron: at i'r. Albanf, to procure an Accom- 
BiocUUon. Walfivgharn, p, 114, 

178 The Parliamentary HISTORY 

K. Edward II. e, cording to Right and Cuftom they ought not to bd 

' banifhed without anfwering for themfelves.' 
I i oo J This Anfwer, tho' it feemed fo fair and reafonable, 
fays Tyrrel, yet did but the more enrage the angry 
Barons ; who, taking up Arms again, marehed dire&ly 
for London, where the King then was, and where, in 
order to fettle thefe Differences and Diforders, he had 
called another Parliament to meet, July 15, 1321. 

Anho Reeni u< This Parliament met at Wejlminfter on the Day ap* 
Z3zi. 'pointed j but the difeontented Lords, tho' they v/ere fo 

At Weftminfler near came not according to the Summons, but remained 
ejmmjer, .^ ^ on j on ^ m an arme( j Pofture, in direct Defiance of 
the King and Laws, for fifteen Days after the Parlia- 
ment was begun, without once appearing at it . They 
held Councils however by themfelves, and, without 
ever confulting the King about it, drew up a Sentence, 
or Judgment, againft the two Defpenfers, and brought 
it down to Wejiminjler^ with Force of Arms, which, 
the King being in no wife able to oppofe, they got 
paffed into a Law, and inrolled accordingly. This Sen- 
tence, or Statute, being in the Line of our Hiftory, 
muft find a Place, tranflated from the old French^ as 
follows : 

' To the Honour of God and Holy Church, and of 
' our Lord the King, for the Profit of him and his 
' Realm, and to maintain Peace amongft his People, and 

* the Eftate of the Crown, the Prelates, Earls, Barons, 
' and other Peers and Commons of the Realm, do mew 

* againft Sir Hugh Defpenfer, Father and Son, That 

* whereas Sir Hugh the Son, at the Parliament held at 
' York) was appointed to be Chamberlain to the King, 
' in which Parliament it was agreed, That certain Pre- 
lates and other Great Men mould be with the King 
e by Turns, at feveral Seafons of the Year, the better 
' to advife him, without whom no great Bufinefs ought 

161 ] to be done j now the faid Sir Hugh the Son, drawing 


In order to keep Peace Jn the City at this Time, the Mayor caufed 
daily a Thoufand Men, well armed, to watch in the feveral Wards and at 
the Gates of the City, which began at Four o'Clock in the Morning, and 
fo continued till Six at Night. They were then relieved by the like Num- 
ber for the Night Watch. Two Aldermen rode nightly about the City, at- 
tended \vith a Number of Officers, to fee the Watch well kept. The Gates 
were fhut at Nine o'clock and opened at Seven ; and every Citizen was 
Ordered to have his Harnefs ready on the leaft Warning, Ftbians Cbron t 

t)j ENGLAND. I 79 

to him his Father, who was not by Order of Parlia- K, Edward II, 
ment to be near the King, or to be one of thofe Coun- 
fellors, between them both have uftirped Royal Power 
over the King and his Minifters, and the Government 
of the Kingdom, to the Difhonour of the King, the 
Injury of the Crown, and the Deftruc~Hon of the King- 
dom, Great Men, and People, and have done the 
Wickednefles underwritten, in contriving to turn the 
Heart of the King from the Peers of the Land, that fo 
they (the Dtfpenfers) may have the fole Government 

That Sir Hugh the Son made a Bill, or Writing, 
whereby he would have had Sir John Gifford of Brim- 
mesfield, Sir Richard de Greye, and others, enter into a 
Confederacy, to have forced the King to do what he 
would have him, and had almoft done it j the Tenor 
of which Bill is underwritten. 

I. * Homage and the Oath of Allegiance is more due, Articles aga'nft 
by reafon of the Crown, than of the Perfon of the the D*fo&nt 
King, and is more tied or fixed to the Crown, than 
to the Perfon : And this appears ; for that before the 
State of the Crown defcends, there is no Allegiance due 
to the Perfon expectant ; wherefore, if the King does 
not govern himfelf by Reafon, according to the Right 
or Law of the Crown, his Lieges are then bound by 
their Oath tal^en to the Crown, to remove the King, 
and to take Care of the State of the Crown, by a due 
Adminiftration ; for otherwife that Oath could not be 
obferved. Now if it be demanded, how the King is 
to be dealt with, whether by Suit of Law, or by Ri- 
gour ? Not by the former ; for no Man can be redref- 
fed that Way, becaufe he can have no Judge, unlefs 
it be from the King himfelf; in which Cafe, if the 
King will not be guided according 10 Reafon, he will 
then be obftinate in his Error : Wherefore he ought 
to keep his Oath, and when the King will not relieve 
him, but is outragious, and will do that which is in- > 

jurious to his People in general, and withal is preju- 
dicial to his Crown, then is it Time for them to pro- 
ceed againft him with Rigour ; for he is bound by his 
Oath to govern his People and his Lieges ; and they [ 
are bound to govern in Aid of him, in cafe of his De- 

M 2 II. UOr 

go T&e Parliamentary HISTORY 

, Edward II. U. Upon any Application of the Great Men and" 

* People unto him, the King's Anfwer ftill was accord - 
' ing to the Pleafure of thefc two, in turning the King 

* from his Duty againft his Oath, and the Hearts of the 
Great Men and People againft their Liege Lord. 

III. * By their evil Contrivance, they would not fuf- 
' fer the Great Men of the Realm, nor good Counfellora 
' to fpeak with, or come near the King to advife him, 

* nor the King to fpeak with them, unlefs in their Pre- 

* fence, or in the Hearing of one of them ; and that too 

* but when they pleafed : Thus ufurping Royal Power 
' and Sovereignty over the Perfon of the King, to the 
< great Difhonour and Peril of him, his Crown, and 
' Kingdom. 

IV. ' To attain their Wickednefs, Covetoufnefs, and 

* to the-difmheriting of the Great Men, and the De- 

* ftru&ion of the People, they liad put out good and 

* agreeable Minifters who had been placed by Aflent, 
' and put in others falfe and wicked, that were of their 

* own Party, -who would not fuffer Right to be done ; 

* as Sheriffs, Efcheators, Conftables of Caftles ; and 

* made thofe Juftices, who underftood not the Law, as 
Sir Hugh the Father, Sir Ralph Bajet, Sir Ralph Ca- 

* motSy and Sir John Inge, and divers others their Friends, 
' who caufed, by falfe Jurors of their Alliance, the 

* Peers of the Land to be indided ; as the Earl of He- 

* reford, the Lord Gifford of Brimmesfield, the Lord 

* Robert de Monthalt, and other good People, to get 

* their Lands from them. 

V. They falfly and malicioufly advifed the King to 

* raife Arms againft his People in Gloucejlerjhire, con- 

* trary to the Great Charter, and the Award of the Peers 
c of the Land ; and, by their falfe and evil Counfel, would 
' have made War in the Land, for their own proper 

* Quarrel, to the Deftru&ion of Holy Church and the 

VI. c Whereas the Earl of Hereford, and the Lord 
e Mortimer GilVlgmore, by the King's Command, were 

* affigned to make War upon Lewellyn Bren, who had 
{. l ^3 ] ' levied War againft him in Glamorgan/hire, when the 

' Earl of Gloucefter's Lands, by reafonof his Death, were 

* in the King's Hands ; this Lewellyn had rendered him- 
felf into thofe Lords Hands, to the King's Grace and 

' Pleafure, 

^/ENGLAND. 181 

* Pleafure, and upon that Condition was delivered to the K-. Ed-ward ll t 
' King, who received him accordingly ; but when thefe 

* Lords were out of the Country, thefe two Sir Hugh^ 

* the Father and Son, ufurping Royal Power, took 

* Lewellyn^ and carried him to Caerdijf. After which, 
' Sir Hugh the younger being feized thereof, and pre- 

* tending to a Jurifdiclion where none was in this Cafe, 
' there caufed the faid Levuellyn to be drawn, hanged, 
' beheaded, and quartered, felonioufly, for Things done 

* in the Time of King Henry ; and they alfo took upon 
' them Royal Power and Juiifdi&ion, which was ap- 

* pendant to the Crown, in Dimerifon thereof, and to 

* the Dishonour of the King, the faid Lords of Here- 
' ford and Mortimer ', and in ill Example and great Peril 

* in the like Cafe for Time to come. 

VII. They ill advifed the King, to take into his 

* Hands the Lands and Goods of Sir Hugh Dudley the 

* Son, who was fore-judged without due Procefs, con- 

* trary to the Law of the Land, by the Covetoufnefs of 

* the (aid Hugh to get fome of thofe Lands j and, by other 
' falfe Pretences, contrived to get the Lands of Sir Roger 
' Dammory, having attainted him upon bis entering in- 

* to Gloucefterjhire^ to the Diflieritance of the Peers of 
' the Land. 

VIII. c That whereas the King had granted by his 

* Letters Patent to the Earl of Warwick^ in full Parlia- 
' ment at JVeJlminJlcr^ that, after his Death, his Execu- 

* tors mould have his Lands, untill his Heir was of full 

* Age ; which Grant, after the Earl's Death, was con- 
' firmed by the King at Lincoln, at the Requeft and 
4 Aflcnt of the Peers of the Land in Parliament : Yet 
' the faid Sir Hugh the Father procured his Son to caufe 
' the King to repeal this Grant, without Caufe ; and to 

* give the Guard ianfliip of the faid Lands to the faid 

* Hugh the Father, for his own Profit ; and alfo had 

* defeated, by evil Counlel, what the King had granted in 
' his Parliaments, by good Advice, and by Aflent of the 

* Peers of the Land ; to the Dishonour of the King, and [ 164 3 

* aeainft Right and Reafon. 

IX. * That they would not fuffer the King to take 
c reafonable Fines of the Peers of the Land, and others, 
' when they entered upon, and received their Fees, as it 

* had been ufed before that Time ; but, by Covetoufnefs 

M 3 to 

182 *fhe Parliamentary HISTORY 

K.Edwardll. < to obtain fuch Lands by the Royal Power, they had 
' caufed undue Impeachments to be bi ought, furmifing 

* the Land to be forfeited, as were thofe of Sir John 
' de Mo^vbray and others, to the Damage and Dishonour 

* of the King, and contrary TO the Law of the Land, in 
' Difhjritance of the Great Men and others ; and alfo 

* maicing the King do againft his Oath in Parliament. 
X. ' By wicked Covetoufnefs, and ingrofiingof Power- 

' Royal, they would not fuffer the King to hear or do 
' Right to the Great Men, upon what they prefented to 

* him, on Behalf of himfelf and themfelves, touching 

* the Difheriting the Crown and them, concerning the 

* Lands which were the Templars : Alfo, by ufurping 

* Power-Royal, they governed the King, his Council, 
' and Prelates j fo that, in Matters concerning them 
' and their Friends, or which they undertook, no Right 

* could be obtained, but according to their Pleafures ; to 

* the Damage and Difhonour of the King, the Peril of 

* his Oath, and Difheritance and Defti uclion of the 

* People of his Realm. 

XI. ' Bifhops, Abbots, and Priors Ele&, who ought 
c to be received of the King, when duly elected, could 

* not come near him, nor fpeak with him to obtain his 

* Favour, untill they had agreed and made Fine with 

* Sii Hugh the Son, according to his Pleafure ; nor thofe 

* that had any Grant to afk of the King, could obtain 
> . * it, before they had made their Agreement or Fine 

* with him. 

' Which Wickednefles being notorious and true, as it 

* is found by the Examination of the Farls, Barons, and 
The Award in ' otnt - r Peers of the Land ; Therefore nu: the Peers cf the 
Puifuancethcjer' Land, Earis and Barons, in the P--- -fence of our Lord 
of ' * the King, do awird^ That Hugh le Defpenfer the Son^ 

' and Hugh 1 Defpenfer the Father, Jhaii be r r ijber'ntd for 

' ever, as Dijhcritors of the Crown t Enemies to the 

[ 165 ] King and his People ; and Jhall be ba^'Jhed the Kingdom 

* of England, never to return again, unlefs it be by the 

* AJJent of the King, and by JJJent of the Prelates, Earls, 

* and Barons in Parliament duly jummoried; and to quit 

* the Realm bttwt -r. tne Time of 'he Date of this Sta- 

* tute, and the Feaft oi the Decollation of St. John Bap- 
' tijl (or nine-?nd- twentieth of Augufl) next coming; 
5 and if found in England after the Day, or if they return 

of ENGLAND. 183 

c after that Day, then to be dealt with as Enemies of K. EJwr4 n. 
' the King and Kingdom.' 

This, in the printed Copy of Old Statutes, is called 
the Banifhment of Hugh Defpenfer, Father and Son. 
Yet it is remarkable that thefe Articles were admitted 
and taken for granted, without any direct Proof, as the 
Manner then was to proceed in Parliament. 

After this Sentence was publickly read and agreed to, 
the Confederate Lords had yet another Game~to play, 
which the fame Force would ealily carry them through. 
They bethought themfelves that it was neceflary to have 
fome Security for what they had done ; and, in order to 
it, they addrefled a Kind of Petition, or rather a Re- 
monftrance, to the King, fetting forth, That the two 
' Defpenfers, ufurping Royal Power, and having the 

* King and his Minifters, and the Direction of the Law, 

* at their Devotion, or in their Power, the Great Men 

* of the Land made a Confederacy by Oath, Writing, 
' and in other Manner, without the King's Leave; and 

* then they and others, with Horfe and Arms P, had 
' march'd againft them, and took and feiz'd divers Caftles, 
' Towns, Manors, Lands, Tenements, Goods, and 
' Chattels of the King's Liege Subjects ; and fome of 
' them they took and imprifoned, and others they ran- 
fomed, and fome they killed, and did many other 

* Things, in deftroying the faid Hugh and Hugh, and 
' their Allies and others in England, Wales, and the 

* Marches, of which fome may be called Felonies; which 

' Things having been fo done by Neceffity, ought not [ x ^6 J 

* to be taken Notice of, nor punifhed by Law ; nor can 
' be without great Trouble or Hazard of War. The 
' Barons therefore pray the King, for Peace -Sake, for 
c the afluaging of Anger and Rancour, and making 

* Uniry in the Land ; and that he may more intirely 
have'the Hearts and Good- Will of his People, to de- 
' fend his own Countries, and offend his Enemies ; that 

* it might be accorded, and afTented to in full Parlia- 

* ment, by the King, Prelates, Earls, Barons, and Com- 
' mons; that no Great Men of the Realm, Prelate, 

* Earl, Baron, Knight, Clerk, orEfquire, for the Con- 


p The Confederate Lords came to this Parliament, they and their Re- 
tinue, clad in odd Party-colouied Habits, Yellow and Green, with a white 
Band a-crcfs their Breath ; for which Reafon this Parliament was called, 
long after, Tiie fur.'.umint ofK'bitt Bands, Fabians a ; d Ilellir.^ 

jg^ The TarUamcntary HISTORY 

K, Edward II. e federacy made by Oath, Writing, or in other Manner; 

* or for riding with the King's or other Banners difplay'd ; 
' nor for the taking or detaining of any Caftles, Towns, 

* Manors," Lands, Tenements, Goods, or Chattels ; 

* the feizing, imprifoning, and ranloming the King's 

* Liege People j or for killing of Men, and other Rob- 

* beries, Felonies, or other Things done againft the 
' King's Peace, which may be judged Trefpafles or Fe- 
Ionics, from the Beginning of the World to that Day ; 

* nor that any People, of what Condition foever they 
< were, for the Trefpafles and Felonies aforefaid, com- 

* mitted fmce Candlemas laft paft, to that Day, fhould 

* be impeached, grieved, or molefted at the Suit of the 

* King, or any other : But of all fuch Things, by this 

* Statute and Accord, fliould be quit for ever ; faving to 

* every one, except the faid Hugh and Hugh, their Right 

* to demand and recover their Frank- Tenement and 

* their Right, without Punifhment from the King, or 

* giving Damages to the Party. And alfo that it might 

* be granted by the King in the faid Parliament, That 

* if any Earl, Baron, or any Great Men, for themfelves 

* or others, whom they (hall name to the Chancellor 

* between this and St. Michael next coming, will have 

* the King's Pardon for Suit of Procefs of the Peace, or 

* what pertains to him, of all Manner of Felonies and 

* TrefpaJTes done contrary to the Peace ; or of any Dif- 
e obediences, Contempt?, Confpiracies, Confederations, 

' Privy Covenants, and Obligations made againft the 

* King, they fhall have their feve. al Charters of Pardon, 

* under the Great Seal, without paying any Fees in the 
[ 167 ] < Chancery: And that all fuch W'itings to the contrary, 

' wherever found, ihall he null and void.' 

After this follows the Form of the Charter of Pardon 
that was taken out by t tie Er."I of Hereford n and the reft 
of the Barons and Great Men, who had been Confede- 
rates in this violent Undo* caking. It bears Date at Weft- 
minfter the 20th of Augujl^ in the I5th Year of this 

When all thefe Things were tranfa&ed in Parliament, 

and the Confederate Barons had got their Charters of 

Pardons in their Pockets, they bioke up and returned 


* Hutnpkrj de Babum 

of E N G L A N D. 

home *. Yet, upon better Confideration, they were not 
mighty well fatisfied with what they had done ; and 
fearing that they had provoked the King beyond all Fof- 
fibility of a thorough Reconciliation, they kept always 
arm'd, and never trufted themfelves but in fecure Places; 
which, fays Tyrrel^ are the ufual Confequences of unjuft 
and violent Attions. But, not long after, there hap- 
pened an Accident which proved of fatal Confequence 
to the Barons' Party, and gave the King an Opportu- 
nity to recall the Defpenfers^ the elder of whom con- 
tinued ftill abroad ; but the younger lay for fome Time 
concealed in England, yet afterwards went to Sea and 
turned Pirate, robbing whatever Englijh Merchants he 
could meet with. The Affair was thus : 

Queen Ifabel, whqm all Authors allow to be the chief 
Promoter of Peace and good Harmony between the 
King and his Barons, intended to make a Progrefs to 
Canterbury; and in her Journey thither purpofed to 
lodge at Ledes Caftle, in Kent t over which Bartholomew 
de Badlefmore had, by the King, been made Governor ?. 
This Man was a rich and potent Baron, and one of the 
Confederacy; and when the Queen's Marfhal came to 
the Caftle to provide Lodgings for her, he was flatly de- 
nied Admittance, with this faucy Anfwer, That they 
' would not fuffer the Queen, or any other, to-enter there 
' withoutCommand, or Letter, from the Lord of it.' She 
after came herfelf and demanded Entrance into the Caftle, 
and was ftill denied, by which (he was forced to feek 
Lodgings elfewhere. At her Return to the King fhe 
complained to him of the Affront offered to her; which 
moved him to a great Degree, infornuch that he raifed 
Forces immediately, went down to Ledes Caftle, befieged 
and took it, and hang'd up the Deputy-Governor of it, 
with many of the Garrifon, upon the Spot. 

This Digreflion is thought neceffary, to give our 
Readers a View of the Rife of the inteftine Troubles 


o This is the only Parliament which Ryley has given the Proceedings of 
in this King's Reign. Here are a great many Petitions on private Affairs, 
and the Petitioners were obliged to deliver them to Commifiioners ap- 
pointed for that Purpofe. Ry fry's Placita Parliamentaria, p. 386, V. 

P He had been a long Time Ste%vard of the King's HouflioSd, and, foe 
his Services, the King gave him this Caftle in Fee ; and he had been fent 
by the King to the Barons, to defire they would defift from their outra- 
gious Proceedings agairift the Deffenferi, w)wm he bafcly deicrtcd and 
joined with the Barons. Idtm, 

i 86 

The Parliamentary HISTORY 

If., Ed-ward II. which followed. The Barons, being provoked at this 
Step of the King's, refolved to revenge it, which the 
King was as ready to vindicate : And then followed the 
Civil Wars between them, which all our Hiftorians have 
fufficiently defcribed, and are foreign to our Purpofe. 
The Earl of Lancajler was taken Prifoner at the Battle 
of Biroughbridge, brought before the King and feveral 
of the Nobility at his own Caitle of Pontfrete ; when. 
Articles of High Treafon, for divers heinous Crimes, 
were exhibited againft him q , and he adjudged, by thofe 
Peers, to die the Death of a Traitor. The King, by 
reafon of Proximity in Blood, remitted the drawing and 
hanging, and he was beheaded on a Hill near Pontfrete^ 
March 25, 1322 r . With this Earl fell many of the 
Confederate Barons, taken at the farrie Time, who were 
executed in feveral Parts of the Kingdom ; amongft 
whom was Bartholomew de Badlefmore, the Author of all 
this Mifchief. 


Anno Regn 

At York. 

i 15. The King being at Derby, juft before the Defeat of 
the Barons' Army, iflued his Summons tor a Parliament, 
dated from the fame Place, March 14, in the I5th Year 
of his Reign, to be holden at York s . They met in that 
City, according to Summons, three Weeks after Eajler\ 
when, upon the Petitions of the Defpenfers, Father and 


q See the Articles at Length in Tyrrel, p. 289, &c. Fted. Ang. 
Tom. 111. p. 936 

r They canftd him firft to turn his Face towards Scotland, for the greater 
Odium, whilft a Villain of London cut oft" his Head. Leland, Itin. 
Ed. Hearne. 

His Attainder was revoked in Parliament in the fucceeding Reign, on 
the Petition of H<nry E.i.l ofLancajier, his Brother and Heir. The Hill 
on the North-Eaft Side of the old Town of Pontfrete is called St. Thomas' t 
Hill at this Day. His Body was buried in the Priorv Church there, which 
is now the old decayed Parifli-Church, on the Right Hand of the High Al- 
tar, and many Miracles were reported to be done at his Tomb. Dr. Brady 
has printed aji old Legend of them. Mr. Tyrrel beftows a whole Pige en 
the Truth of thefe Miracles, and concludes thus, ' I have no more to fay 
concerning the intended Sainting of this great Nobleman, but that the 
People of Er.gland, when excited by the Monks, have been very prone to 
count thofe tor Saints whom they fuppofed laid dfian their Lives in the 
Defence of tbe Liberties of the Church and Nation ; as appeal s by the H'.mns 
and Prayers that were addreHed to Simon Montfort, Earl of Leicejlcr, men- 
tioned in the Reign of Henry III.' 

s The King's Writ to the Earl of Arvn&elc, Chief Juftice of Waltt, 
ommanding him to fend 24 Members from Soutb-fPalet, and as many 
from Norrb-ff r aletf to this Parliament at York, is in Rjlefs Piac, Pail, 
<#, P-.57- 

of ENGLAND. 187 

Son, to the King, the Procefs and Judgment againft K,dwrfU, 

them, for their Difheritance and Exile, were brought 

into Parliament ; and, upon fhewing divers Errors in 

them % were revoked and made null. All which 

Procefs and the Statute made thereupon, being ftill on 

the Rolls in the Tower, are tranflated at large by 

Dr. Brady, ' Becaufe, fays he, they contain fome of the 

* Hiftory and much of the Practice and Manner of Great 
' Men's living in thofe Days.' As we have given the 
Articles exhibited againft the Defpenfers, it would be 
inconfiftent with the Impartiality we profefs, to omit the 
Statute for revoking their Sentence of Banifhment; fince 
it may juftly ftand as a Summary of the Defence they 
were not allowed to make at the Time of their Accu- 

This Statute of Revocation firft relates to Hugh the 
Son, and begins with the Recital of the Sentence or 
Award made at a Parliament, held three Weeks after 
Midfummer laft paft, againft the faid Defpenfers, Father 
and Son ; as alfo a Petition which the Son had fome 
Time before given to the King, {hewing, 'That while T h e Petition of 
' he was in his Service, as his Chamberlain, the Lords the two Deffen- 
Mortimers, Uncle and Nephew, with divers Barons^ ^nft tho 

* there named, rnade a Confederacy by Oath and Wri- 
' ting, to purfue and deftroy him : By virtue of which 

e they, with their Retinues, confifting of 800 Men at L T 7 J 

* Arms, 500 Hoblers, or Light Horfe, and 10,000 Foot, 
( came to Newport, in Wales, and from thence marched 
' forwards to take his Towns and Caftles; and entering 
' upon his Lands, they killed Part of his Tenants, or 
' People, fome of which were Knights, therein named, 

* befides others of the fame Degree, who were made 

* Prifoners ; and they took and carried away his Goods 
' and Chattels. Then it proceeds to recount every 

* Thing in particular j as how much Provifions of all 

* Sorts, what liorfes, Armour, and other Things, were 

* loft ; as alfo how many Oxen, Cows, and Sheep, to 
' a vaft Quantity, they then plunder'd and carried away; 
' together with the Lofs of his Charters, Writings, and 

* ready Money ; as alfo the burning his Granges, de- 

* ftroying 

t One Reafon afilgned for the reverfing them was, that none of the , 

Bifliops aftented to the Award of Kanifliment j but entered into a Frotena* 
tion againft it. Collier's Ecclff. Hijl. J>. $26. Fiona clauf. 15 Ed-Uf. IT, 
mi 14. dorlb, 

1 88 

The Parliamentary HISTORY 

K.Ed-ardil, f ftroying his Crop upon the Ground, feizing of his 
Rents and Debts, and difparking his Parks; all which 
Damages, as appeared by cafting up the Particulars 
therein mentioned, amounted to the Sum of near 

* 20,000/. 

Then it further recites, That they, the faid Earls 

* and Barons, with all their Force and Power, came to 
' the Parliament at Weftminjler ; and there, upon falfe 
' Accufations, without calling the faid Hugh to anfwer, 

* againft all Manner of Right and Reafon, and againft 

* the Law of the" Land, erroneoufly awarded him to be 

* difmherited, and exiled England: Wherefore he prays 
' the King, as he is bound by Right of his Crown, and 

* by the Oath he made at his Coronation to maintain 

* all People in their Rights, that he would pleafe to 

* caufe to be brought before him the Procefs of the 

* Award made againft him, that it may be examined ; 

* and that the faid Hugh may be admitted to fliew the 

* Errors in it, and if there mail be any found, he would 

* pleafe to repeal and redrefs them ; with a Proteftation 

* that he will be hereafter ready to anfwer any Com- 

* plaint according to Reafon.' 

Next it proceeds to mew the Errors of the faid Pro- 
cefs, as, 

I. ' That the Great Men who purfued and deftroy'd 
him, prayed Pardon of the King for all thofe Things 
which might be judged Felonies or Trefpafles in that 

171 ] Purfuit, which they made by their own Authority; by 
' which they wrongfully made themfelves Judges of him, 
where they could not, nor ought to be Judges. 

II. ' That the faid Hugh was not called into Court, 
to anfwer when the Award was made ; alfo, that the 
Sentence was given without the Afient of the Prelates, 
who were Peers in Parliament. 

III. ' That there was no Record of their Purfuit, or 
the Caufes contained in the Award ; alfo, that the 
Award was made againft the Form of the Great Char- 
ter ; wherein is contained, That no Man Jhall be fore- 
judged, nor in other Manner deftroyed, unlefs by Judg- 
ment of his Peers, or by the Law of the Land. 

Then he requefts the King to take Notice, ' That 

* the Great Men were fummoned to come duly to the 

^/ENGLAND. 18 

'Parliament, yet did not; but came with Horfe and K. Edward II. 

* Arms, and all their Force : After which he the faid 

* Hugh came in, and furrendered himfelf Prifoner to the 
' King, praying to be received into his Protection, to 
profecute his Complaint, and that Right might be done 

* him in thefe Matters : That the King received him as 
' he ought to do ; and caufed his Petition to be carried 
' to the Archbifhop of Canterbury, the Bifhops, and 

* other Prelates and Clergy in the Province oiCanterbury^ 
' then being in a Provincial Council at London, charging 

* them by the Faith they owed to him, to advife about 
the Petition, and let him know their Thoughts con- 
' cerning it. And when they had well advifed thereup- 
< on, they anfwered, That it feemed to them, that the 
' Procefs and Award of the Exile and Difmheritance of 
' Hugh the Son and Father, were erroneous and wrong- 
fully made ; wherefore they agreed, and unanimoufly 

* aflented, as Peers of the Land, and prayed as Peers 

* Spiritual, that the Award which was made wickedly 
' and wrongfully againft God and all Manner of Right, 
' might be by the King repealed and annulled for ever. 

* And they faid further, That they, nor any of them, 

* ever aflented to the faid Award : But that every one 
' of them, at the Time when the Award was made, did 

* make Proteftation in Writing, that they could not, 
' nor would, aflent to it for feveral Reafons. And the 

' Earl of Kent, the faid King's Brother, the Earls of [ 172 3 

* Richmond, Pembroke, and Arundele, with the Prelates, 

* being before the King, faid the Award was wrongful, 

* and againft Law and Right; and prayed him, as the Pre- 

* lates had done before, to null and make void the Award : 

* And the faid Earls affirmed, That, for Fear of the Force, 
4 which the Great Men fuddenly brought to the Parlia- 
' liament, in order to make the Award, which was to 

* them unknown and unexpected, they gave their Aflent 
' to it, and alfo advifed the King to fufter it to pafs ; 
' for which Offence and Miftake they prayed his Par- 

We have been the more particular in the Recital of 
thefe Proceedings mention'd in this Statute, becaufe they 
do not only ferve to confirm what our Hiftorians have 
related concerning thefe Matters ; but may alfo inform 
fuch as are curious in the antient Proceedings of Parlia- 

I go <The Parliamentary HISTORV 

K. Edward II. ment, as to what was then looked upon lufficient to ren< 
der any Procefs begun there erroneous. 

Then immediately follows, in the fame Record, a like 
Petition deliver'd in Parliament by Hugh le Dtfpenfir the 
Father, being to the fame Effect with that of his Son's ; 
fetting forth, ' That the fame Great Men before named, 
' and other Adherents and Confederates, with Force and 

* Arms, on the Day of St. Barnaby, in the fourteenth 

* Year of the King, came to his Manor of Fa/tern, in 

* Wiltjhire^ and twelve others in that Shire, and in other* 

* Counties, viz. Six in the County of Gloucejler, four in 

* Dorfetjhire, five in Hampjhire, two in Bcrkjbtre$ fix 

* in Oxford/hire, three in Buckingham/hire^ four in Sur- 

* rey t one in Cambridgejhire, two in Huntingdon Jhire 

* five in Leictfttrjbirf) one in Yorkjhire^ one in Lincoln-- 

* Jhire^ five in Chejhire^ and five in Warwickjkire ; in all 

* Sixty-three Manors there named ;' [which (hews the 
vaft Eftates the two Lords DefpenJ'ers had in thofc 
Days]. But as for the Deftruction and Havock the 
Barons made upon the Lands of Hugh the Father, they 
were much to the fame Effect with thofe that were 
done to the Son, only greater j as * the driving away of 
8 28,000 Sheep, 22,OOO Oxen, Heifers, and Cows, be- 

C ! 73 ] ' ^ es ^ e foiling of two Crops, one in the Barn, and 
4 the other upon the Ground ; the taking away above 

* 600 Horfes and Mares, befides a vaft Quantity of Pro- 
4 vifions of all Sorts, and Armour for 200 Men ; and 
' the Deftrudlion of his Houfes and Goods to the Value 
' of above 30,000 /. as alfo the taking away out of the 
' King's Caftle at Marlbcrough^ 36 Sacks of Wool, a 

* Chalice and Crofs of Gold, divers rich Veftments and 

* other Ornaments belonging to the Chapel ; befides 

* other Goods and Furniture, to the Damage of 5000 L 

* more.' 

This may fuffice to give the Reader a true Notion of 
the great Power and Riches of the Englifli Barons in 
thofc Days,, as alfo of their antient Manner of Living, 
and the Reafons why they were then able to keep fuch 
great Hofpitality, fince they manag'd their Eftates or 
Demefnes by the Stewards or Bailiffs of their Manors^ 
who fold or fpent the Live- Stock and Hufbandry upon 
them, as wasmoft for their Lords Advantage ; there be- 
ing then few or no Farmers or Hulbandmen able to take 



E N G L A N D, 

Lcafes of Lands for Years, much lefs at a Rack-Rent, 
paying a yearly Sum of Money for them, as is pra&ifed 
at this Day. 

Then, excepting the Difference of the LoflTes fet 
forth in the Father's Petition, being of much greater 
Value than thofe of the Son's, the Conclufion of it is 
alike Word for Word i and the fame Errors are aflign'd 
as in the former Procefs or Award, with a like Recital 
of Hugh the Father's rendering himfelf Prifoner to the 
King, and being alfo received into his Protection. 

Next follows the King's Judgment in this Form, 
c We afterwards, at our Parliament held at York three The Procefs nn4 

* Weeks after Eajler\ in the fifteenth Year of our Reign, Award againft 

caufed to come before us the Procefs of the Award ; as ^^7^ by 

* alfo the Petition of the faid Hugh the Son, and Hugh Parliament? 

* the Father, in thefe Words ; To the Honour of God, 
and Holy Church, fcfV. At which Parliament at York* 
K the faid Hugh the Son, and Hugh the Father being 

* brought before us in Court, profecuted their Com- 

* plaints, and prayed us to do them Right ; when the 

6 faid Hugh the Son, for himfelf, alledged the Errors in [ 174 J 

* the Procefs, as aforefaid ; and alfo Hugh the Father 

* alledged the fame Errors, and prayed feverally ancj 

* jointly, that as the Award was made erroneoufly and 

* wrongfully, againft the Laws and Ufages of the Realm, 

* and againft Common Right and Reafon, that we would 

* annul and defeat the faid Award, and that they, the 

* Complainants, might be remitted and reconciled to 

* our Faith, and to fuch Eftate as they had, and were 

* in, before the Awards. And hereupon hearing the 
6 Reafons of the faid Hugh and Hugh, we caufed the 
c Procefs to be examined in full Parliament, in the Pre- 
' fence of the Prelates, Earls, Barons, Knights of 
c Counties, and the People that were come by Reafon 

* of the Parliament ; and we found the faid Award was 

* made without calling them to anfwer, and without the 
c Aflentofthe Prelates, who are Peers of the Realm in 

* Parliament, and againft the Great Charter of the 

* Franchifes in England ; which fays, No Freeman jhall 

* be banijhed^ or otheruiife defrayed^ but by lawful "Jud*- 
' ment of his Peers , or the Law of the Land', and for 

* that they were not called in Court, to make Anfwer, 

* &V. for thefe Errors, and for that the Caufes of the 


192 The Parliamentary HISTORY 

K. Edward II. ' faid Award were not duly proved : As alfo having Re 

* gard to this, that we caufed the Parliament at Weft- 

* minfter to be fummoned in due Manner, and com- 

* manded by our Writs the faid Great Men, who made 

* the faid Award, not to make Ailemblies and Alliances, 

* or come wich armed Men, yet they came with all their 

* Force to that Parliament, notwithftanding our Com- 
' mand; and when they came to London in that Manner, 
c tney held their Councils and Airemblies without coming 
4 to us at Wejlmlnjler according to Summons ; and when 

* we fent to them to come to the Parliament at Wejlmin- 

* fler, as they ought, they would not come, nor let us 
' know their Mind, nor theCaufe of the Award, tho' we 
' had begun and held the Parliament for fifteen Days and 
' more, and caufed to come before us the Prelates, and 

* fome Earls and Barons, Knights of Counties, and others, 

* who came for the Commons of the Realm ; and caufed 

* it to be publiflied, that thofe that had Petitions to pro- 
t i/S 3 c mote, fhould deliver them : And, after Proclamation 

' thus made, no Petition was delivered, or Complaint 
' made againft the faid Hugh and Hugh, untill they, 

* the Barons, came as aforefaid j and the Contrivance of 
' the faid Award they wholly conceal'd and kept from 

* us, unto the very Hour they came to Wejlmlnfter, with 

* Force and Arms, and made their Award againft Rea- 
4 fon, as a Thing treated and agreed onamongft them- 
4 felves, by their own Authority, in our Abfence ; en- 
4 croaching upon the Regal Power, Jurifdi&ion and 
4 Connufance, and Judgment of thofe Things which be- 
4 long to our Royal Dignity : Wherefore we could not 
at that Time flop the faid Award, nor do Right to the 

* faid Hugh and Hugh, as it belonged to us. And further 

* taking Notice, that thofe Great Men, after the Award 

* made, prayed our Pardon and Releafe for confedera- 
' ting themfelves by Oath, Writing, or in other Manner, 

* without our Leave ; in purfuing the Defpenfers, and 
4 marching with our Banners, and their own Enfigns 

* difplay'd ; and taking and pofieffing Caftles, Towns, 
4 Manors, Lands, Tenements, Goods, and Chattels ; 
4 and alfo taking and imprifoning People of our Alle- 

* giance, and others ; fome they wounded, and fome 
4 they killed, and many other Things they did in order 
' to deftroy the faid Hugh and Hugh t in England, IV ales ^ 


^ENGLAND. 193 

* and other where; of which fome might be called Tref- K, Edward a. 
pafles, and others Felonies. Alfo it appear'd, that 

' thofe Great Men were Enemies to, and hated them at 

* the Time of the Award, and before ; wherefore they 

* ought not to be iheirjudges, in their own Profecution 
' of them, nor have Record upon the Caufes of the faid 

* Award. And we are bound by Oath made at our 

* Coronation, and obliged to do Right to all our Sub- 

* jecls, and to redrefs and caufe to be amended all 

* Wrongs done to them, when we are required, ac- 

* cording to the Great Charter, by which we are not to 

* fell or delay Right and Jujlice to any one : And, at the 

* prefling Advice and Requeft of the Prelates, given us 

* for the Safety of our Soul, and to avoid Danger, and 
' to take away an evil Example for the Time to come^ 
' of fuch Undertakings and Judgments in the like Cafe, 

' againft Reafon : Wherefore we feeing and knowing r j 7 g i 
the faid Procefs and Award, made in the Manner J 

* aforefaid, to be as well to the Prejudice of us, the 
' Blemifli of our Crown and Royal Dignity, againft us 
' and our Heirs, as againft the faid Hugh and Hugh, and 
1 for other reafonable Caufes ; we, by our Royal Power, 

* in a full Parliament at York, by the Advice and AJ/ent 
' of the Prelates, Earls, and Barons, Knights of Counties^ 

* and Commons of the Realm, and others, being at our 

* Parliament at York, do wholly annul and defeat the faid 
' Award of the Exile and Difheritance of the faid Hugh 

* and Hugh, and all Things in the Award; and do fully 

* remit and reconcile the faid Hugh the Son, and Hugh 
the Father, to our Faith and Peace, and to the Eftate 
' they had and were in, before the making that Award 

* in all Points. And we adjudge, that they have again 
Seifin of their Lands and Tenements, Goods and 

* Chattels, &c. And we will and command, that 

* wherever the faid Award is inrolled in any of our 
' Courts, it be cancell'd and annull'd for ever.' 

Accordingly the Roll was cancelled, and remains ft>An<Uhe Roll 
at this Day, with this Memorandum written under the[ "' 
faid Award : ' Thefe Things above-written are nulled 
' and cancelled by the Force of the Award and Decree 
made in the Parliament at York, held three Weeks 
' after Eajler, in the i^th Year of the Reign of our Lord 

* King Edward*' 

VOL. I. N In 

194, 72* Parliamentary HISTORY 

K. Edwardll. I n this Parliament alfo, at 7br, the Prelates, Earls, 
Barons, and the Commons of the Realm, there afiem- 
bled by the King's Command, caufed to be rehearfed 
and examined the Ordinances, dated the 5th of October, 
5 Edward II. aiid for that, by Examination thereof, it 
wab found in the faid Parliament, ' That by the Things 

* which were formerly ordained, the King's Power was 

* reftrained in many Things contrary to what was due 
' to his Seigniory- Royal, and contrary to the State of the 
' Crown; and alfo,/0r that in Times pajf, by fuch Ordi- 
' nances and Provijions made by Subjects over the Power- 
c Royal of the Anceflors of our Lord the King, Troubles 
' and Wars came upon the Realm, by which the Land or 

[ 177 ] ' Nation was in Danger-, it was accorded and eftablifh'd 
' in the faid Parliament by our Lord the King, the Pre- 
' lates, Earls, Barons, and all the Commonalty of the 
' Realm at that Parliament aflembled, That all thofe 
' Things ordained by the former Ordainers, and con- 
' tained in thofe Ordinances, from thence forth, for the 
' Time to come, fhould ceafe and lofe their Force and 
"* Effedr. for ever} and that, from thence forward, in no 
' Time, no Manner of Ordinances or Provifions made 
The Ordinahces' by the Subjects of our Lord the King, or his Heirs, by 
declared to be anc any p ower or Commiflion whatever, over or upon the 

Invafion of the, p, ' T, ... T ,, -rr- I_-TT- 

Prerogative Roy- Power-Royal of our Lord the King, or his Heirs, or 
al. ' againft the State of the Crown, fhall be of any Value - 

' or Force ; but all Things that fhall be eftablifhed for 

* the Eftate of the King and his Heirs, and for the State 

* of the Realm and People, may be treated, accorded, 
' and eftablifhed in Parliament by the King, with and 
' by the Aflent of the Prelates, Earls, Barons, and Com- 
monalty of the Realm, as hath been accuftomed.' 

At this Parliament all fuch as had taken Part with the 
Earls of Lancajler and Hereford were difherited of all 
their Lands and Pofleffions, except the Lord Hugh Aud~ 
ley, the younger, and fome few more. The faid Lord was 
pardoned, becaufe he had married the King's Niece, 
Sifter to Gilbert Earl of Gltucejler, flain at the Battle of 
Eannockburn, in Scotland. Here alfo the King's eldeft 
Son was created Prince of Wales and Duke of Aquitain^ 
Hugh Defpenfer, the elder, Earl of Winchefter \ and An- 
drew de Harktley, who commanded Part of the King's 


of E N G L A N D. 

Forces at the late Battle of Boroughbridge, Earl of Car- 

To crown all, and further to (hew their Loyalty to 
their Sovereign Prince, this Parliament granted him one 
Foot-Soldier out of every Village in the Kingdom, and 
more out of Towns and Cities in Proportion, to be 
armed and maintained for forty Days, at the Expence 
of the Inhabitants. The Barons, Knights, and Free- 
holders of each County gave a Tenth, as the Cities, 
Boroughs, and Towns, of antient Demefne, did a Sixth, 
of their Moveables. The Clergy alfo, not to be be- 
hind-hand with the Laity, not only offered to raife the 
King the two Years Tenths (which had been laid upon 
them by the Pope, and they had fcrupled to pay) in one 
Year, but alfo granted him an Aid of Five-Pence in 
every Mark for the Province of Canterbury, as thofe of 
York did Four-Pence. Finally, the King, to (hew he 
was not infenfible of thefe liberal Grants and Donations, 
ordered that the Ordinances, which had been voted void, 
ihould be again examined by Men of Judgment, and 
fuch as they thought neceffary to be eftabliftied, he 
commanded to be called Statutes u . 

With all thefe Grants of Men and Money, defigned 
for the entire Conqueft of Scotland, this ill-fated Prince 
did nothing ; for though a gallant Army was raifed, and 
met, by Appointment, at Newcaflle, yet, when he en- 
tered Scotland with them, he found no Enemy to oppofe 
him. The Scots were all retired to their Strong-holds; 
and the King, diflrefled for Want of Provifions, which 
had been neglected, was obliged to return back to Eng- 
land Re infedfa. Neither was this all the Evil he fu- 
ftained ; for the Scots, watching his Retreat with a Party 
of Light Horfe, had very near taken him at Dinner, in 
a Monaftery called Byland- Abbey, about fixteen Miles 
North of York ; the Earl of Richmond, who was with 
the King, being made Prifoner, himfelf narrowly efca- 
ping to the City. But the other Tran factions, relative 
N 2 to 

w Pat. 15 Edward II. p. z, m. 15 et m. 5. d. Knygton; M. We/}. 

Some Account of this Parliament at fork is entered on the Rolls of 
Parliament ; but it contains no more than a bare Recital of their Meeting, 
and a Confirmation of Charters, &c. made in his Father's Time. 

There is a Statute extant, faid to be made at Carlijle, 1 5 Ed-ward II 
but we find no other Account of it. 

The Parliamentary HISTORY 

K. Edward \l. to this unfortunate Expedition, we leave to larger Hifto- 
rians to difcufs, and return to our Parliamentary Chro- 

[ 17*8 ] About this Time the King of France had fummoned 
his Brother of England, by two Ambaffadors, to come 
over to him and do Homage for the Territories which 
the latter held in that Kingdom. His two Minifters, 
the Defpenfers, diffuaded Edward from going in Perfon; 
and, after the Time prefixed was elapfed, the French 
King leized upon all G.uienne and Gafcoigny, as forfeited 
to him by Edward's Non-Appearance. 

Anno Regni 16, But, before that could happen, the King thought pro- 
J 3 2 4 per to take the Senfe of his Parliament about this Em- 
At London, bafly ; and one was accordingly fummoned to meet at 
London, the Beginning of Lent, in the Year 1324. They 
were called together to treat of divers public Affairs, 
but particularly what Anfwer was to be given to the 
Embaffy concerning the King's going over to do Ho- 
tnage. The Lords and others were unanimous in their 
Opinions, * That the King fhould not go in Perfon, 
' but fhould fend certain Ambaffadors on purpofe to ex- 
c cufe his coming over at all, or at leaft to delay it for 
* a Time.' Accordingly two Perfons of great Diftinc- 
tion, the Earl of Kent, Brother to the King, and the 
Archbifhop of Dublin, were then npminated for that 

At this Parliament, alfo, the King demanded a pecu- 
niary Aid from the Clergy and Laity, to difcharge the 
Ranfom of John Earl of Richmond, who had been taken 
Prifoner by the Scots, at the Battle of Byland, in York- 
Jhire. But this Propofal was refufed by the Barons, for 
this Reafon, < That no fuch Tax ought to be raifed, 
' but only for the Ranfom of the King, Queen, and 
' their eldeft Son, if they fhould happeTi at any Time 
' to be taken Prifoners.' And fo that Demand fell. 

In this Parliament Adam de Orleton, Bifhop of Here- 

ford, was arrefted of High Treafon ; to the great Scandal 

L *79 J and Prejudice of the Clergy, fays the Canon of Leicefter, 

Adam deOrlcton^nd was examined before the King and Lords, on divers 

Bi P ~ ArtiCleS ' I<: WaS la ' d t0 hlS Char g e ' That he had 



with High Trea-' en t er tained certain of the King's^Encmies, had ap- 
fon, * peared in the Field with them, had furnifh'd them with 

* Arms, 

^ENGLAND. 197 

* Arms, and had given them his Afliftance, Favour, andK.. Edward II. 
' Advice V The Bifhop, being a fhrewd and Jearned 

Man y , faid little at firft to this Accufation* but, being 
further urged, he anfwered, ' My Lord the King, fa- 

* ving all due Reverence to your Majefty, I being an 
' humble Minifter of God's Church, and a confecrated 
' Bifliop, tho' unworthy, ought not to anfwer fuch high 
' Matters, without the Licence and Authority of my 

* Lord the Archbifhop of Canterbury^ who, next to 
' the Pope, is my proper Judge ; as alfo with the Con- 
4 fent of the reft of my Fellow-Bifhops.' The Arch- 
bifhop of Canterbury with his Suffragans, rifmg up, im- 
plored the King's Mercy for him; and he was deliver'd 
to the Cuftody of the Archbifhop 'till the King fhould 
refolve when to fummon him again, to anfwer to what 
might be farther laid to his Charge. Soon after the 
King fummoned him again to anfwer in his Court of 
Juftice, [now the King's Bench'] which the Archbifhops, 
&V. hearing of, they came in great Form, with their 
Crofles, and took him away from the Bar, threatening 
to excommunicate all that withftood them. Upon 
which Edward caufed a Bill of Indictment z to be pre- 
ferred againft him to the Grand Jury of Herefordjhire y 
which being found, the King immediately feized on all 
his Temporal Pofleffions : And if he had taken his Life 
too, in all Probability he would have fave.d his own; for 
to this very Man was owing all the Misfortunes that 
befell the King afterwards, even to his Murder; the 
fcandalous and ambiguous Latin Sentence * he fent to 
his Executioners, being faid to be the Caufe of it. 

In this Parliament, alfo, all the Manors and Poflef- [ 180 1 
fions of the Knights Templars were, by the common 
Confent of both Clergy and Laity, granted to the Knights 
Hofpitalers of St. John ofjeruja/em for ever, as appears 
by the Statute at large, made for that Purpofe, under 
N 3 this 

x He had fjpported the Mortimers in their Rifiiig in Walet, Speed's 

y Says Tjrrel. But Sir Thomas de la More, who knew the Man, fays 
he was wife, fubtle, and learned j but, otherwise, wilful, prefumptuous, 
and extreme factious j and that at firft he difdained to make any Anfwer 
at all, &c. 

i An Inqueft to be impannelled. De la Mere* 

* Edvardutn ccciderf nil'ite tijiiere bcrtutu rjl t 

jpS' The Parliamentary HISTORY 

K. Ed-ward 'II. this Title, Statutum de Terr is Templariorum b . And this 
is all we can find to be done in this Parliament, no En- 
try being made on the Rolls about it. 

But now, as if Fortune was never tired in perfecuting 
this Prince, flie ftrove to wound him in a more fenfible 
Part than ever (he had done before, by raifmg up fome 
domeftic Enemies againft him in the Perfons of his 
Queen and Son. The Queen had found Means, under 
Pretence of fettling fome Differences, to get the King's 
Leave to go into France, as alfo to take her only Son 
the Prince with her. She ftaid fo long that the King 
began to be very uneafy at her Abfence, and wrote feve- 
ral Letters to her to return, to which fhe always gave 
evafwe Anfwers. At laft, being much follicited, fhe faid 
it was the Fear (he was in from the younger Defpenfer 
that occafioned her Delay. And whatever Letters and 
Mediators the King made ufe of to prevail on her to 
come to him, or to fend the Prince his Son, they were 
all to no Purpofe. 

This Lady had formed a Scheme of a very fcandalous 
and dangerous Nature, and me deferred coming over 
The King's do- till fhe could put it in Execution. The difcontented 

erate Bar nS ' Wh ft ' lH hated the Df fP en f er ^ had ' b Y MeanS 
P era e o fjfdam Bifhop of Hereford, gained her to their Intereft ; 

and Roger Mortimer, her Favourite, having efcaped out 
of the Tower into France, fhe had the lefs Occafion for 
her Hufband's Company. In fhort, (he found Means 
to raife an Army of two or three thoufand Men, with 
whom fhe tranfported herfelf and her Son, and landed 
at Harwich ; where fhe was immediately joined by the 
Earl Marefchal, the Earl of Leicefier, and other Barons 
and Knights who had been Rebels to the King ; and, to 
give the greater Sanction to her Caufe, with no lefs 
than four Bifhops and all their Attendance. 

It is certain the Church had a <;reat Hand in this Re- 
volution; for except one lo}J Bifhop, Walter Stapleton y 
181 ] Bifhop of Exeter, we do not find another of the whole 
Bench untainted with the Times. This Prelate was 


b There is a Statute extant, called Tct Statute of Extrafis, made this 
Parliament. See Statutes at large, i 6 Eaward 11. But the 'lemflan" Sta- 
tute is put down in the Year following. 

There is fome Account of a Parliament entered on the Rolls, faid to be 
held at Wefminfltr on the Oftaves of St. Martin, Anns Regr.i 19 j but 
very little is faid on it. 

of E N G L A N D. 199 

murdered by the Mob in London ; for which the City,*, Edward II, 
fearing Ecclefiaftical Cenfure, forced the Archbifhops of 
Canterbury, York, and Dublin, with the other Bifhops 
that came to the next Parliament, to go to Guildhall, 
when they all fwore to defend the Rights and Liberties 
of the City. In Prefentia Comitis Cantiae, et Multitu- 
dinis immenfae, qui ad videndum Fatuitatem Epifcoporum 9 
quo Msdo Mahometo facrificabant, confluxerunt*. 

The King's Affairs were now in a miferable Way : 
He made fome Struggles, 'tis true, to withftand this 
Tempeft, but all too weak, and he foon found himfelf 
overborne by it. The two Defpenfers were taken and 
executed, without either Hearing or Trial d , and the And he is m** 
King himfelf made a Piifoner in Kenelworth Caftle. a Prifoncr. 

As our Defign is intirely to purfue this Hiftory in a 
Parliamentary Way only, we muft refer our Readers 
again to the more general Hiftorians of thofe Times 
for the Particulars of the Facls above. But, no fooner 
was the Queen fecure in her new- got Pofleffion, when 
fhe thought fit to eftablifli it by a Sanction of thatNature. 
A Writ was iflued out for proroguing a Parliament which 
was to meet on the I5th of December, as fummoncd by 
the King, (Tejle Rege apud Lidbury) but this Writ is 
not on Record ; and it is more likely that it was a 
trumped-up Writ for Form Sake, and to ground their 
Prorogation upon ; for both Tyrrel and Brady agree in 
this, that the unfortunate King could know nothing of 
the fealing this Writ, fince he had fent his Great Seal to 
the Queen and Prince fome Time before. The Tenor 
of the Queen's Writ for that Parliament was, ' To be 
' holden by Ifabel, Queen Confort of England, and Ed- 

* ward, the King's eldeft Son, Guardian of England, 

* he being then out of the Land ; to be holden by the 
' King, if perfonally prefent; or, in his Abfence, by the 
' faid Confort and Son, &c.' Here now is the Policy ; 

they make the King call a Parliament, and at the fame [ 182 ] 
Time declare he was out of the Kingdom, which they 
imagined might be true, for he was not then in their 
Hands. The Writ of Prorogation itfelf, which evi- 
dences this extraordinary Affair, Dr. Brady has printed. 


c marten's J7//L Sa:r. Vol. I. p. 367. 

d The Son had a Sort of a Trial befors Judge Truffl-l, tho' he was not 
allowed to plead, but only to hear his Accufktion, which was very long, 
Knygkton, col, 2547. 

200 e Parliamentary HISTORY 

K* gdward II. Mr. Tyrrel fays it is very uncertain where thefe Writs 
were fealed ; though the Matter is not much, adds he, 
fmce there is no Averment againft the Record e . 

But, by what Authority foever called, this Parliament 

f 183 ] 

minfler. The firft Thing that was moved there was by 
. the aforefaid Adam de Qrleton, Bifhop of Hereford, who 
The Parliament P ut tnis memorable Queftion, Whether King Edward 
refolve to depofe the Father, or his Son Edward, Jhould reign over them? 
him, He was feconded by feveral other Bifhops, and it was 

not long before they all agreed the Son ihould have the 
Government of the Kingdom, and be crowned King, 
for the Reafons following : 

HW Reafons. I. That the Perfon of the King was not fufficient to 
governs for in all his Time he was led and governed by 
others, who gave him evil Counfel, to the Difhonour 
of himfelf, and DeftrudHon of Holy Church and all his 
People, not confidering or knowing whether it was good 
or evil; nor would remedy thefe Things, when he was , 
requefted by the Great and Wife Men of his Realm, 
or fuffer them to be amended. 

II. c That in all his Time he would not give himfelf 
to good Counfel, nor take it, nor to the good Govern- 
ment of his Kingdom ; but always gave himfelf to 
Works and Employments not convenient, neglecting 
the Bufinefs of his Realm. 

III. ' That, for want of good Government, he loft 
the Kingdom of Scotland, and other Lands and Domi- 
nions in Gafcoigny and Ireland, which his Father left 
him in Peace and Amity with the King of France, and 
many other great Perfons. 

IV. That, by his Pride and Cruelty, he deftroyed 
c Holy Church, and the Perfons of Holy Church, put- 

' ting 

See the Writ in Brady's Appendix, N. 70 ; and in Ryley's Plac. 
Par!, dpf- p. 582 : But there is no Mention of this Parliament on the 

There is a Writ in the Public AElt, diredted to the Conftable of Dover 
CafUe, to take and fait 60 Does out of the Park of the Manor of Braburn, 
in order to be fent up to Weftminfler, ' Receptor! Inftauri noflri ibidtm libe- 
randas? againft the Meeting of the Parliament. Tejle Regc apud Kenel- 
worth decimo quarto Die Decembris. -- Feed. Ang Tom. IV, p. 240. 

Another Writ is extant, in the fame Colleftion, to Richard Dameroj, 
uftice of North-Wales, to fend up 24 Members, tarn Anglicos quam Wai- 
enfes, to the prefent Parliament. Dated at Ker.diuorth, Jan. 1 1, when 
the King was a Prifoner in that CafHe ; which is the lad Aft of State bus 
ne, dated the mh, which was in this King's Name. Idem. p. 242. 


of E N G L A N D. 201 

* ting fome in Prifon, and others in Diftrefs; and alfo K EH-ward 11. 
c put to fhameful Death, and imprifoned, banifhed, and 

* clifherited, many Great and Noble Men of the Land. 

V. * That whereas he was bound, by his Oath, to do 
Right to all, he would not do it, thro' his own Lucre 
' and the Covetoufnefs of him and his evil Counfellors 
' which were with him ; neither regarded the other 
Points of the Oath which he made at his Coronation, 
4 as he was obliged. 

VI. ' That he abandoned his Realm, and did as much 
' as he could to deftroy it and his People ; and, what is 

' worfe, by his Cruelty and the Default of his Perfon, 
' he was found incorrigible, without Hopes of Amend- 
' ment. 

' And that all thefe Things were notorious beyond 

* Contradiction.' 

Thefe Articles are faid to have been dictated by John 
de Stratford, Biftiop of Winchejler, Treafurer of Eng- 
land. They were written by his Secretary, and a Public 
Notary having put to them his Probat, they were, by 
common Confent of Parliament, fent to the King, then 
a Prifoner at Kenelwortk Caftle. The Committee chofen A Committee 
for that Purpofe were the aforefaid Bifliop, with ddam appointed to g 
de Orleton, Bimop of Hereford, and Henry BurwaJh, totheK ' in ^ nA 
Bifhop of Lincoln-, together with two Earls, four Ba- J^n 
rons s , and three Knights of every County; as alfo fome Crown j 
of the Citizens and Burgefles for London, the Cinque- 
Ports, and other Cities and Towns in England. Thefe 
Commiffioners had a Power given them 4 to refign their 
Homage and Fealty to the King, in the Name of all [ 184 
the reft, to give him Notice of the Election of his Son, 
and to procure his voluntary Refignation of his Crown; 
or, if he refufed, to give up their Homages, and pro- 
ceed as they thought fit.* The Reafon of this mild 
Proceeding, fays Walfingham, was becaufe the Queen 
felt a Qualm of Confcience about the Depofition of her 
Hufband ; and the young Prince, affected with this 
feeming Concern of his Mother h , declared he would 
not accept the Title againft his Father's Will j there- 

g The Titles and Names were the Earls of Leicefter and Warren, R:gcr 
Grey and Hugh Courtney, Barons ; Sir Geoffrey Scroope and "Jchn de San- 
tbour, Ju/Hces j to whom were added the Abbots of Clajienbury and Dor* 
tosJJer. Ste-wf's Cbron. 

*' Ut fin's cff yruit, Walfingham, 

202 <The Parliamentary HISTORY 

K. Ed-ward IT. fore the King's abfolute Refignation was thought necef- 
fary for their better Satisfaction. 

Another Author ! , and Contemporary with this Revo- 
lution, hath told us by what Means this Refignation was 
obtained. He writes, that the Bifhops of IVincheJler and 
Lincoln came before the reft to the King to fmooth the 
Way; and that thefe Prelates, along with the then Earl 
of Lancafler, his Keeper,, perfuaded his Majefty to refign 
his Crown to his Son, * promifing him as much Honour 

* after his Refignation as before ; and, on the other 
' Hand, threatening him that, if he would not, the 

* People would yield up their Homage and Fealty, pafs 

* by his Son's Right, and chufe a King out of the Royal 
185 ] ' Line.' Mr Tyrrel fuppofes thefe Arguments not 

very probable to come from the -Earl of Lancafter^ who 
was himfelf Heir to the Crown on Failure of Edward's 
Iffue. But, be that as it will, they promifed him Safety 
as to his Perfon, with a large and handfome Allowance 
as to the Support of his Dignity. All thefe Arguments 
we may fuppofe had Weight enough in them to move 
the King to comply, and to make his Refignation accord- 
ingly : The Manner and Form of which, fays Tyrrel^ 
being very grave and folemn, and, we may add, of ths 
utmoft Confequence to the Nation, fmce it is the firft 
Inftance in Englijh Hiftory of this Kind, we think pro- 
per to give from the fore-cited Author, along with U^al- 
fmgkam, who lived in the next Century, as the beft Au- 
thorities to direct us k . 


i Sir Thomas de la More. 

k The Manner of the two Bifcops addrefling the King on this extraor- 
dinary Occafion, is very politely drawn up by Pcre D* Orleans, in his Hiftory 
of the Revolutions of England, in thefe Words : Les Evefques d: Lincolne 
et de Winchefti e prire nt Its devants pour rompre la dace. It's le Jtrent ainc 
tflex a 'AdreJJe. Apres lay avoir infinite le Sujet de leur Deputation, Us 
commencerent par I 'aJTeunr qit\n luy confcrveroit Us Tilrts et let Honneurs 
Je la Royaute. Puts tourrunt la Chafe du cof.e de Ditu, et faifant les Pre- 
Jicateurt, Us !uy reprcfenterent de /fuel Merite il luy Jcroit four V autre Vie, 
f avoir facrijie au Repcs public une Couronne que fes dnne'cs. qui f avancoitnt 
ir.j'enfiblement, I" a-vertijjount, qu il fallait quitter. Enfn venant au Pc:rt 
ejjentiel, Us luy frert Vahir la Grate que iuy faifoit le, de csn- 
J'crver, malgre les Sujets qu 'en avnit dc ft plaindre de luy, la Royaute dant 
fa Maijln, et de permettre que fan Sang regnaft dans la de Jon F;ls. 
Us cor.clurent par hy fairc entendre, que s'll ne prentit ce Parti, il auroit le 
chagrin de voir une nouvel/e Pamille, et un Roy rleu ckajjer les Plantagenettcg 
du Trofne quih occupoient depuit-ft htigletnps ; quit eftoh refponfable de Iq 
Couronnc <f Ar.gleterre a fes Ayeux et a fes Defccndtns, et qu il r.e "teno-t qu 'q 
tojdt (wfervir a ur.e Pofttrit/fliu beureuji tettt bdie Po/-jjlt>n de Us ffrrt. 

of ENGLAND. 203 

After this Deputation from the Grand Committee K-.EJwardli. 
had foftned and brought the King to their own Temper, 
the whole Body of them was introduced. The King 
came out of his Bed-Chamber, in a Morning-Gown, to Which he refigna 
meet them ; but no fooner had he heard their Menage, acc 
and the Articles againft him, than he fwooned away, 
and had fallen to the Ground, had he not been fupported 
by the Earl of Lancqfter and the Bifhop of Wmcbejler. 
However, coming to himfelf, he anfwered, with Tears in 
his Eyes, That be was very firry be had fo ml/behaved 
himfelf towards bis People, and ajked Pardon for it of all 
that were prefent ; but, feeing now it could not be other- 
wife, he returned them Thanks for chufmg his firft-born 
Son in his Room. He then made his Refignation, by de- 
livering up his Royal Enfigns of Sovereignty, the Crown 
and Scepter, which the Commiffioners had taken Care 
to bring for that Purpofe ; after which, one Sir William 
Trujfil, fupplying the Place of Chief Juftice of England^ 
and chofen as Procurator, was ordered, by the whole 
Committee, to pronounce their Refignation of Homage 
to the King, which he did in this Form : 

' I William Trujfel, Procurator of the Prelates, Earls, Hereupon th 

* and Barons, and other People in my Procuracy named, noinceThlirHo- 
having for this full and fufficient Power, do furrender mageand Fealty^ 

* and deliver up, to you Edward King of England, be- 

* fore this Time, the Homage and Fealty of the Perfons 

* in my Procuracy named, in the Name of them, and 

* every of them, for certain Caufes therein mentioned ; [ 186 ] 

* and do return them up to you Edward, and acquit or 

* difcharge the Perfons aforefaid, in the beft Manner that 

* the Law and Cuftom can give it ; and do make this 

* Proteftation in the Name of all thofe that will not for 

* the future be in your Fealty, or Allegiance, nor claim to 
' hold any Thing of you, as King ; but account you as a 

* private Perfon, without any Manner of Royal Dignity.' 

The Ceremony ended with Sir 'Thomas Blunt's, the 
High Steward, breaking his Staff, declaring all the 
King's Officers difcharged from his Service, in the fame 
Manner as if the King was actually dead. 

The Commifiioners returning to Parliament with the And c j lu f e ^j. 
King's Anfwer and the Royal Enfigns, made the com- Son Edward ia 
mon People a rejoice ; and prefently the whole Com- his Stead< 

m unity 

a Dr. $ ratty has tranflated the Latin Word Phh into Ra&M; fwt which 
he is girded at by Mr. Tjrrel, 

204 tte P armament ary HISTORY 

$>. Edward II, munity of the Kingdom admitted Edward^ a Youth of 
fourteen Years of Age, to be their King. 

After this the Archbifhop of Canterbury preached a 
Sermon before the whole Aflembly ; his Text was Vox 
Populi Vox: Del ; exhorting his Audience to pray for the 
King whom they had chofen. Thus, fays an Author, 
the Lawyers found out a legal Method to deprive their 
King of Sovereignty ; and the Divines confecrated their 
mighty Power in calling their Voice a Divine Election d . 

All this was done whilft the {ham Parliament was 
ftill fitting, on the 20th of January, 1327, and which 
is call'd the firft Day of Edward the Third's Reign ; for 
from that Time he acted as King, as appears by the 
Writ to all the Sheriffs of England to proclaim his Peace, 
dated two Days before his Coronation. Which acl: of 
State, as it is fingular in its Kind, and tho' not Parlia- 
mentary, yet deducing his Title from that Authority, 
We {hall give in Dr. Brady's Tranflation as follows c . 

The King to the Sheriff of Yorkjhire, Greeting: 
IDEcaufe Edward, late King of England, our Father, by 
{ 1 87 J X> Common Council and AJjent of the Prelates, Earls, Ba- 
rons, and other Great Men, and alfo of the Communities of 
the/aid Kingdom, of his own free Will removed himfelf from 
the Government of the fa id Kingdom, willing and grant- 
ing, That we, as his Firjl-lorn and Heir of the Kingdom, 
Jhould take upon us the Rule and Government : And we 
yielding to the good Pleafure of our Father, by the Counfel 
and Advifement of the Prelates, Earls, Barons, Great 
Men, and Communities aforefaid, have taken upon us the 
Government of the faid Kingdom, and received the Ho- 
mages and Fealties of the faid Prelates and Great Men 
according to Cu/tom ; therefore, defiring our Peace for the 
^uiet and Tranquillity of our People to be inviolably ob- 
ferved, we command, That, prefently after Sight of ihefe 
Prefents, you caufe our Peace publickly to be proclaimed 
through your whole Bailiwick, forbidding all and finguhr, 
under the Pain of dijinheriting, and lofing Life and Mem- 
ber, that they prefume not to infringe or violate our Peace; 
but that all Men do profecutg their Suits and Afiions with- 

<! Historical Obfervations on the Reigns of Ed, I. Ed, II. and Rub, II* 
By a Perfon of Honour. London, 1689, 81/5. 

c From Clauf, i. Ed. III. p. i. m. 28. In /Ipfend. N. 74.- 

^ENGLAND. 205 

sut Violence , according to the Laws and Cuftoms of the*** Edward 11, 
Land, &c. Witnefs the King at Weftminjler the 2Qth 
of January. 

We fhall conclude this Monarch's unfortunate Reign, 
and moft miferable End, in Dr. Brady's own Words. 
* The King was all this Time Prifoner in Kenelvuortb 

* Caftle, not knowing what further they were doing. 

* The Nation obferving what had been done, feeing the 

* Queen engaged, and the Prince carried along with 
them, not then perhaps fufpecling the Defigns of the 

* Heads, began to be fenfible of the King's Condition, 

< and to conlider the Pretences of his Enemies, and to 

* think how they might be kind to him, and prevent fur- 
' ther Mifchief. His Keeper alfo, the Earl of Lancafter^ 

* began to be every way obliging to him, much pitying 
e and commiferating his deplorable Cafe. Many Lords 
and others began to think how they might deliver him 

* out of Captivity ; theNotice or rather Sufpicion whereof 
' much ftartled Mortimer, the Bifhop of Hereford, the, 
Queen, and chief Aitors in this Tragedy, reflecting 

* upon what they had done, and fearing if the King 
fhould get his Liberty they could not be fafe, or at 

* leaft their Defigns muft come to nothing, which r 

< caufed them to think of removing him from Kenelworth 9 * 

< and appointed him new Keepers, who were Thomas 
4 Gournay and John Maltravers, Knights ; thefe recei- 
c ving him at Kenehvorth Caftle by principal Authority % 
hurried him up and down the Nation, that it might 
not be known where he was ; and at laft brought him 
' to Berkley Caftle in Glouceflerjhire y where he was in- 

* humanly treated by his Keepers, who attempted to 

* deftroy him by all Ways of horrid Indignities, brutifli 

* Ufages, and before-uncontrived and unthought-of Af- 
' fronts : But having been fruftrated in their Intentions, 

* by his natural Strength of Body and Fortitude of Mind, 

* on the 22d of September^ at Night in his Bed, they 

ftifled and fmothered him, with large and heavy Bol- JJ^J5'tS. 

* fters and Pillows, and put up n red- hot Iron, through cond, 

* a Du6til-Pipe, into his Guts at his Fundament; and 
' in this moft cruel Manner murdered him, that no 


e Jhtlor!tgteprin{ifali t Sir Thomas dt la More phrafeth k. 

206 The Parliamentary HISTORY 

K, Edward II. < Wound, or Mark of a violent Death, might be found 
* upon him.' 

TAXES In this Kings Reign. 

Taxes during his T^ ^is ^ r ^ Year the Earls, Barons, Knights, and all 

Reign. ji others of the Kingdom, granted a twentieth Part 

of their Moveables, except their Armour, War-Horfes, 

Jewels, Robes, and Veflels of Gold and Silver, of 

Knights and other Freemen, and of their Wives. And 

f g -, the Citizens, BurgefTes, and Tenants of the antient De- 

L ! ^ -I mefnes of the Crown, granted a fifteenth Part of their 

Moveables ; as alfo did the Clergy g . 

In his fecond Year the Laity granted a Twenty-fifth 
of their Moveables h . 

In his feventh Year the Earls, Barons, Knights, 
Freemen, and Commons ' of Counties, gave a twen- 
tieth Part of their Goods ; and the Citizens and Bur- 
geflesj and Communities of Cities and Boroughs, gave 
a Fifteenth k . 

In his eighth Year he had a twentieth Part of the 
Moveables of the Laity, granted by the Commons of 
the Counties of the Kingdom l aflembled in Parliament 1 ". 

In his ninth Year he had granted a fifteenth Part, of 
the Citizens, BurgefTes, and Tenants in antient De- 
mefnes, for his War with the Scots, in the Parliament 
held at Lincoln ; the fame Year the Community of the 
Kingdom, or the Military Men, were then alfo fum- 
jnoned to do their Service ". 

In his fifteenth Year the Prelates and Clergy of both 
Provinces met in two Synods, or Convocations, the one 
at Lincoln, the other at York ; the former of which the 
Archbifhop of Canterbury was immediately to fummon, 
to treat of a competent Aid to be granted to him towards 
his Expedition againft the Scots, who had then invaded 
England: In which Writs, as it were for a Direction, 


g Inter Rot. Comput. in Cujlod. C/er. Pip<e, Tern f ore, Ed. II, 

Clauf. i. Ed. II. m. 12. intut. 
* Rot. dauf. ^. Ed. II. m, 23. //</, 
i Communitatcs. 
k In Rot. Comput. ut fupra. 
J Communitates Cotnitatuum Regni, 
Rot. Pat. 8 Ed. II. m. ia. dorf. *. 2. 
" Rot. Parl. 9 Ed. II. m. z. ' 

of E N G L A N D. 207 

he recites that the Prelates, Earls, Barons, Noblemen, K^ Edward a. 
and the Commons granted him a tenth Part of the 
Goods of the Community or Body of the Kingdom, and 
a fixth Part of the Goods of Citizens, Burgefles, and 
Tenants of antient Demefnes. 

Mr. Tyrrel obferves, * That in this King's Reign we 
c find few or no Complaints of any Taxes impofed by 

* Colour of his Prerogative, contrary to Law, notwith- 

* {landing the exorbitant Power of the two Defpenfers : [ 190 J 

* But this might be owing to their Policy, who, having 
< made themfelves fo obnoxious to the Nobility, would 
c do what they could to make the common People their 

* Friends. But towards the latter End of his Reign, 

* the Confifcation of the Eftates of the Earl of Lanca/ier* 
' and the reft of the Barons attainted, were fo confider- 
' able, that though he gave away a great deal of Lands 
' to the Defpenfers and their Adherents, yet that which 

* ftill remained in the Crown made him to have a greater 
Revenue than any of his PredecefTors fmce King Htnry 

* the Second's Time.' 

Price of PROVISIONS in tie Reign ^/EDWARD II. 

In the Year 1309 , Wheat fold for js. id. a Quar- 
ter; and Malt for 6s. Wine at about 43 s. yd. a Ton. 
Oats 4*. a Quarter. A Hog about 3*. id. A Mutton 
about 3*. A Goofe about 3^. A Fowl about $d. A 
Pig 6d. A Shield of Brawn 4*. But thefe, being for a 
Prior's Feaft, feem to be charged high. 

In 1314 p , a Corn-fed Ox for i/. 45. and a Grafs- 
fed Ox for i6s. A fat Mutton for is. 8</. And four 
Pigeons for I d. 

In 1315 q , Wheat fold for 20 s. a Quarter; Malt 
13 s. 4.d. and Salt for I/. 15*. 

In 1316 r , Wheat fold for I/, us. the Quarter. 

In 1 3 1 7 % Wheat fold at LeiceJJer for 2 /. 4 s. a Quar- 
ter, being exceflive fcarce j and in the fame Year fell to 


Gal. TLortie inter Decem Scriptore<:, p. aoio 
P Stc'we's Chronicle* 
<} M'alpngbam. 

* Fabian's CLroniclt. 

Kttygbttn Can. Lei:rjl t 

The Parliamentary HISTORY 

K, Edwardll. But all thefe Particulars may be found, drawn out with 
the utmoft Exac-tnefs, in Bifliop FUetwood's Cbronicon 
Preiiojum '. 

K Edward ill. Tp R O M the Depofition of Edward the Second we 
JL* muft date the Beginning of the Reign of Edward 
*- Z 9' the Third ; for, purfuant to the Proclamation which 
had been mac<e of his Election to the Crown, his Coro- 
nation was performed with great Ceremony, on the firft 
of February, 1327; the Parliament which had depofed 
his Father flill fitting. 

The young King being then but fourteen Years of 
Age, his Hands were thought too weak to manage the 
Reins of Government: Accordingly the Parliament 
affigned him twelve Guardians, viz. five Bifhops, 
two Earls, and five Barons. Their Names were> 
anTap^ointedVor ^ a ^ er Reginald, Archbifhop of Canterbury ; William de 
the young King. Melton, Archbihop of York ; "John Stratford, Biftiop of 
Winch eft er\ Thomas Cobham, Bifliop of Worcejler ; and 
Adam de Orleton, Bifhop of Hereford ; the two Earls 
were Thomas de Brother ton, Earl Marefchal, and Edmund 
of Woodjlock, Earl of Kent, both the King's Uncles ; 
the Barons were 'John Lord Warren, Thomas Lord 
Wake, Henry Lord Percy, Oliver Lord Ingham, and 
'John Lord Rofs. Over all thefe, by general Confc nt of 
the Parliament and of the twelve Guardians themielves, 
Henry Earl of Lancafter, Lincoln, Leicefter, and Derby, 
the King's Coufin, was deputed to have the chief Care 
of his Perfon u . But this was all a fine Shew only ; for 
Roger Mortimer? the Queen's Favourite, moved the 


t This King, in his Confinement, is faid to have wrote fome Latin Ver- 
fes on his Misfortunes, which fliew that he was a Scholar : A great Rarity 
in any Layman at that Time ! Two Cardinals came from Rome in the Midfi 
of thefe Civil Wars, and brought Letters from the Pope to the Barons, to 
perfuade them to be reconciled to their King ; but they excufed thenifclvcj 
from heaiing or feeing them, by faying that They iveic unlearned and brought 
up to nothing but the Sivord. Fabian had fecn the King's Verfes, and has 
given us a Specimen of them ; by which it appears that a Mouk was hi 

Dampnum rzihi contulit Tempere briimali , 
t'ortuna fatii afpera vehementis Mali, 
Nullui eft tarn Japiens, mitis, ant fonirfts, 
Tarn prudens Virtutibas, ceterifque J',imofus, 
Sjuin Jlultut reputabitur, ft fatis defpeSiuf, 
Si Fertunaprcfperos.avertat Effeflits, Fabian'j Chl'OJll 

n Jojbua Barntis Hid. ofEdw. Ill, p. 4. Tyrrel, p. 338, 

*f ENGLAND, 209 

whole Machine at that Time, whatsoever Parts thefe K ' Aw* III, 
Puppets were appointed to play in it. 

On the third of February, two Days after the Coro- 
nation, a Petition was prefented to the King and Parlia- 
ment, from all thofe that had been anywife concerned 
in the Quarrel of Thomas Earl of Lancajier b , praying 
to be reftored to their Eftates, with Profits of them 

* from the Time they had been wrongfully difleized.' - .. 
It was unanimoufly agreed, by the Aflent of the whole - ! 9 2 J 
Parliament, * That all Lands and Tenements which 

* had been feized, by reafon of the faid Quarrel or Con- 
' tention, fhould be reftored, as well in Ireland and 

* Wales as England^ together with their Profits and Ar- 
' rears of Rent, except thofe that had been received to 

* the King's Ufe.* And this Quarrel was affirmed to 
be juft by the whole Body aflembled. 

On the fame Day all thofe that came over with the The Adherentt 
Queen and the Prince her Son, and thofe that joined J the late Earl 

L i f L A i i/- 11 i * Lancajter par- 

with them after their Arrival, were alfo pardoned and doned, and their 
indemnified by Parliament. The Preamble to this Par- Eftates reftored 
don is very long and remarkable; containing all the by Aa of Par ^** 
Caufes and Reafons of the late Revolution, according to 
Tyrrely or the Cover, Pretences, and Suggeftions, of all 
the Contrivances and Defigns againft Edward II. as 
Dr. Brady terms it ; but fince it is printed in all our Sta- 
tute Books, we (hall only give the Reader Mr. Tyrrefs. 
AbflracT: of it, and refer the more curious to the Statute 
itfelf c . 

It /r/? recites the Banifhment of the two leDefpen- 
*fers. Father and Son, by Act of Parliament : Second- 
' /v, Their Return without the Confent of the Com- 
' munity of the Realm : Thirdly^ Their caufing the 

* King to purfue Thomas Earl of Lancafter, and other 
' Barons and Commons that endeavoured to oppofe it ; 
' in which Purfuit the faid Earl, and divers other Great 

* Men and People of the Realm, were put to Death and 
' difinherited, and others imprifoned, outlawed, or 

VOL. I. O baniflied. 

* The Record of this Petition, in old French, is entered on the Rollt, 
and is alfo in the Public Afii ; the Preamble to it is as follows : Fait a 
Remember qe, le tierce Joar de Feverier f An du Rcgne le Rot Edward, Fitx 
au Roi Edward, Fitx au Roi Henri f rimer, furtnt mcnjirex en Parlemtr.t, 
adoryes tenu a Weftmonftier, afcun Petitions, par let Cbivalers, et la CUH- 
KHxes, dt la Quenle de C<,ur.t de Lancaftre en la Forme jut cnfuit, &C, 
Tccd, Ang. Tom. IV. p. 295. 

c See Statute: at large, Anno Reg. i Bdw, HI, 

2I o The Parliamentary HISTORY 

K, Ed-ward III. banifhed. Fourthly, That, after thefe Mifchiefe, 
Robert Baldock and Edmund Earl of Arundel ufurp'd 
to themfelves Royal Power, fo that the King could 
' do nothing but as they counfelled him, were it never 
' fo wrong. Fifthly -, That, after the Queen's going into 

* France, by the King's Will, and Common Council 
of the Realm, the Perfons above-mentioned excited the 
' late King againft his Son Edward and the Queen his 
Confort, fo that they remained in a Manner exil'd 
' from the faid King Edward and the Realm of England^ 
' wherefore it was necefTary for our Sovereign Lord the 

- -. ' King that now is, and the Queen his Mother, being 

I I 93 J i n fo great Jeopardy of themfelves in a ftrange Coun- 

' try, feeing the Deftrudlions, Oppreffions, and Difhe- 

* rifons, which were notorioufly committed in the Realm 
6 of England, upon Holy Church, the Prelates, Earls, 
Barons, &c. and other Great Men, and the Commu- 
nity, by the faid Perfons above-mentioned, by engrof- 

* fing Royal Power to themfelves, to take as good Coun- 

* fel as they might ; and fmce they could not remedy the 

* fame unlefs they came into England with an Army of 
' Men of War, and had, by the Grace of God, with that 

* Puiflance, and the Help of the Great Men and the 

* Commons of the Realm, vanquifhed and deftroyed the 

* faid Parties above-mentioned, &V.' Then follows the 
enacting Part, viz. * That therefore our Sovereign Lord 

* the King that now is, upon certain Petitions and Re- 

* quefts made to him in this Parliament, upon fuch Ar- 
c tides as are there above rehearfed, by the Common 

* Council of the Prelates, Earls, Barons, and other Great 
' Men, and by the Commonalty of the Realm there pre- 

* fent, by his Commandment hath provided, ordained, 
' and eftablifhed, in Manner following : 

' That no Great Man, nor other, of what Eftate, 

* Dignity, or Condition he be, that came over with the 
faid King that now is, and with the Queen his Mo- 

* ther, into the Realm of England, nor any other then 

* dwelling in England, that came with the faid King that 
c now is, and the Queen in Aid of them, to purfue their 

* faid Enemies, in which Purfuit the King his Father 
' was taken, and put in Ward, and yet remaineth in 
' Ward, fhall be impeached, molefted, or grieved in 
' Perfon, or in Goods, in the King's Court, or any other 

4 Court, 



R Court, for the Purfuit of the faid King, the taking K.Edward 111* 
" and with-holding of his Body, or Purfuit of any other, 

* or taking of their Perfons, Goods, or Death of any Man, 

* or any other Thing perpetrated or committed in the 
4 faid Purfuit, from the Day that the faid King and 

* Queen did arrive, 'till the Day of the Coronation of 

* the fame King.' 

It appears by the Collection of Public Atts^ that this 
Parliament continued fitting for above a Month after the [ 194 J 
King's Coronation ; in which Time many Acts of State 
were patted relating to different Countries and Affairs) 
for the greater Security of the prefent Pofleflbrs. As al- 
fo feveral Grants of Money, &c. beftowed on the Queen 
and her Accomplices j befides Pardons and Indemnifi- 
cations to a vaft Number of People, by Name, who 
had been concerned in the late Commotions, under the 
Earl of Lancafler and the other Barons. The Titles 
of the moft fignificant of which the Reader will find un- 
'der this Note d . , 

The Parliament being at laft diflblved, Commiffioriers 
were fent to the Borders of Scotland to treat of a Peace*, 
but the Scots refufed to treat with them ; not only fo, but 
they broke the Truce which had been made with King 
Edward II. and, raifing an Army, invaded England* 
The young King and his Mother made ready to oppofe 
them, and, with the mercenary Soldiers that came over 
with her, they marched againft them. The Scots were 
fo regardlefs of the Engli/h at that Time, that they fuf- 
fered themfelves to be inclofed, by their Enemies, in a 
O 2 Place 

d De Temporalibus, ad Procurationem Hugonis le Defpenfer junioris , olirr. 
jetentis, Epifcopo Norwieenfi jam denua reflituendit. Feed. Ang. Tom. IV. 
f. 248. 

De Expenfn Regime in Partibus Francise, />. 249. 

Pro iliis, qui fuerunt de Querela Cotnitis Lancaftriae, fufer Finibul-, de 
jSjfenfx Parliament!, relaxandis, p, 256. 

De ProcfJJ'u -jerfus Epifcofum Herefordenfem, Adam de Orleton, quod 
Thomas Comitis Lanca^ri;e adbafit, babito, adnullando, & Territ f prop- 
terca in Manum Regis captis, rejiituendit, f. 257. 

Adbuc pro illis, qui fuerunt de <$uerela nuper Comitis Lancaftrias de Refti- 
tutione pariter faeienda, Liter* ad Ficecomitet complurium Comitatuum t 
f. 258, 259, 260, 261. 

Pro Ifabeila Regina ad Debits fofocrda. A Grant of 20,000 /. p. 261. 

Ad Cujiodes q-uarundam Terrarum, fro Margareta, qua fait Uxir Bat- 
tholomaei de Badelefmere, f aliis de Querela antediEla. Eadem. 

Ad Tbefaurariam, de Ptnit, & ceteris Redemtionibm, illii de fupradifla 
Quertla relaxandit, p, 264. 

AdPabam, pro Canonixatione Thom* ntiper Cotnitis Lancaflrigt. Liter* 
a^.Diiranda, f, 268, 

Parliamentary HISTORY 

K. Edward III. Place called Stanhope-Park, in the Bifhoprick of Dur- 
ham ; and might have every Man of them been deftroyed 
or taken, but they found Means to efcape in the Night- 
Time, and get fafe back into their own Country. There- 
Anno Regni i. f ore j t was thought proper to call a Parliament to confult 
* 327 ' about the Security of the Kingdom, and other Matters, 
At Lincoln, which was to meet, September 15, at Lincoln. The Writ, 
in which moft of the Relation above is contained, bears 
C 195 3 Date at Stanhope, Augujl 7, in the firft Year of his 
Reign e . But tho' this Parliament met at the Time ap- 
pointed, yet we cannot find what was done at it ; cer- 
tainly nothing confiderable, fince our Hiftorians and Re- 
cords are fo filent about it. 

An old Hiftorian f writes, That it was here the young 
King received Advice of his Father's Death ; which, 
to outward Appearance, he feemed to lament exceed- 
ingly, and this might be one Caufe of a fudden Ditto- 
lution of this Parliament g . 


Not long after the King's Return to London he held 
a ' a Parliament, or rather, fays Tyrrel, a great Council of 
the Nobility, at Wejlminfter, Nov. 13, the fame Year. 
WffmlnJler. j n thj s t ne on iy Matter that we can find tranfacled, was 
confirming the Privileges of the City of London, and or- 
daining feveral new Honours to the Mayor and Alder- 
men ; which, with feme other particular Grants, we 
may fuppofe was conferred on them, by Advice of the 
Queen, and the King's Guardians, for their remarkable 
Attachment, in the late Revolution, to her Intereft h . 

This Year alfo another Parliament was fummoned 

At York, to appear at York, on Sunday after Candlemas- Day, to 

treat of certain Articles of Peace, which had been pro- 


e Pro Parliamento babcndo fuper Defenfane Regni contra Scotos. Feed. 
Ang. Tcm. IV. f. 301. 

f Henry Knygbton. 

g There is Mention made of a Parliament held at New Sarum, in a 
Writ to the Sheriffs, &e. to provide Horfes, &c, for the Members that 
were coming to it. Ibid. p. 315. 

lefte Rege apud Novum Sarum iiicefimo Die O&obris. 

This Parliament is alfo taken Notice of by Knygbton, col. 2553 ; but 
it was hindered from meeting, he fays, Nam Partes ob-aiaverunt fibt fuper 
Planatn dc Salifbury, ibique fe ad Pugnam paraverunt ; fed per alias de 
Regno impedlti funt.Jicque Parliamcntum diletum eft ad fcjlum Purijicalionil 
cdebrandun:, apud Weftmonaflcrium. 

h Barnes" 5 Edward III. p. 23, 

^ENGLAND. 213 

pounded between the two Nations at Newca/IIe. But K Edward III. 

nothing was done at it, becaufe feveral Bifhops and other 

Great Men did not come to this Meeting, by reafon they 

well knew it was called only to get their Approbation 

of thofe Articles, which had been before agreed on by 

the Queen and her Council ' ; therefore Writs were A nno R egn ; tt 

iflued out for calling another, three Weeks after Eajler, to 1328. 

Northa?npton. In this Parliament, however, they mana- At t? ort i, am pt ea ; 

ged fo, that a fcandalous Peace was trump'd up between 

the Englijh and Scots, contrived and directed by the 

Queen and Roger Mortimer. The Articles were, firfly 

' That Prince David, Son and Heir to Robert King of 

c Scots, fhould marry the Princefs Joanna k , Edward's C X 9 6 3 

* eldeft Sifter j in Confideration of which he was to grant 

the Scots King a Charter, to releafe all his Claim to Su- ^ 
periority, which Edward or his Anceftors had, or could w 
' pretend to have, over Scotland', and to deliver up all of Superiority 
< Charters and Inftruments concerning the fame V This 
Charter, it feems, by the Contrivance of the Powers 
above-mentioned, was actually granted to the Scots 
King ; and fince it was, in Part, a Parliamentary Pro- 
ceeding, we fhall give Mr. Tyrrell AbftracT: of it, from 
a Manufcript Chronicle, with the further Acts of this 
Parliament in his own Words m . 

' It begins with a Recital of the dangerous Wars 
' and great Mifchiefs that had for a long Time fallen 
' upon both Kingdoms, by reafon of that Claim of Su- 

* periority which he, the King of England, and his Pre- 

* deceflors, had made over that of Scotland : To put an 
End to which, he, by the Confent of the Bifhops, 

O 3 Earls, 

There is in the Public Afit a Summons to Adam de Or/tton, the late 
Prelatical Incendiary, to appear at this Parliament, to anfwer for fome 
illegal Proceedings he had been guilty of, relating to the Biflioprick of 
Watcher. See Vol. IV. p. 330, 331. 

k Called by the Scots, in Denfion. Joan Mackpcacc. Knygbton calls her de Turri, Soror Regis Ediaardi. Col. 2558. 

1 With the famous Evidence, oiled Ragman- Roll, and many Jewels and 
Monuments; amongft which was one of great Value, called the Black 
Rood, or Crcfs of Scotland. Daniel's Hijlory cf England, in Kenntt, p. a 12. 

In Confideration of which David was to pay 30,000 Marks j Knygltcn 
fays 20,000, and that Mortimer had the Money. Idem. 

m Tyi-re!** Hiftoiy, p 350, from the Chronicle of Lanercofl. This 
Charter is printed at large in his sJppendix, and is in Rymer^s Fecdtra, 
Tom. IV p 337. Being dated at York, the Annotator on Rafin concludes 
that this Parliament was held in that City. Fol. Ed. p. 409 But both 
that Author and his An.iotator have jumbled the Parliaments ftrangely iu 
this Reign. 

214 The Parliamentary HIST DRY 

K. Edward III. < Earls, Barons, and Commons of his Kingdom aflem- 
' bled in Parliament, grants to Robert King of Scotland* 
his Heirs and Succeflbrs, that they (hall hold their 

* Kingdom free, and for ever difcharged it of all Subjec- 
tions, and all Claim and Demand thereof from the 
< King of England, his Heirs and Succeflbrs, and further 

* renounce for himfelf, &c. by thefe Prefents, all former 

* Obligations, Agreements, or Compacts made by, or 

* with, any, or either, of their Predeceflbrs concerning 
' the Subjection of the Kingdom of Scotland, or its People, 

* both of the Clergy and Laity ; and that if any fuch 
c Charters or Inftruments (hall be found, he wills that 

[ 19? ] ' they (hall for the future be accounted as null, void, 
and of no Value. Dated at York the firft Day of March t 

* An. Reg. fecundo.' 

So that all original Inftruments of Homage from the 
Crown of Scotland being now loft and deftroyed, if that 
the Charters of Homage made by King John Ballot 
were not recorded on our Rolls in the Tower, we could 
not be able to prove, unlefs by the Teftimony of our 
Hiftorians, that fuch Charters had ever been made. 

In this very Parliament alfo the Defpenfer:^ Father 
and Son, Edmund late Earl of Arundele^ who had been 
executed by the Queen's Party, without any legal Pro-, 
cefs made againft them ; Walter Stapleton, late Biftiop 
of Exeter, and Sir Richard Stapleton his Brother, both 
beheaded in the Infurrection at London* were attainted 
of High Treafon, by the Direction, fays Jofnua Barnes* 
of the Queen- Mother and the Lord Mortimer. Whe- 
ther this Proceeding, adds he, was out of implacable 
Malice, which purfued them beyond the Grave, or tq 
cover their late unjuftifiable Actions againft thefe Perfons 
by a Parliamentary Sanction, it is certain that, in all the 
Proceedings of this Parliament, the Honour and Profit 
of the King and Realm was not fo much regarded, as 
the Enriching, Security, and Advancement of Lord 
Mortimer k . 

^egnlz. Some Matters of Moment happening foon after this 

;i8. laft Parliament, new Writs were iflued out, bearing 

^. Date Auguft 28, for another to meet at Salijbury the 

> uf y- Sunday next after the ^ulndene^ or Fifteenth, of St. Mi- 

k Barnu's Edward III. 

^ENGLAND. 215 

chael '. The Earl of Lancajler, the Lord Wake, and K. Ed^d III, 
fome other Noblemen, refufed their Attendance at this 
Meeting ; the Earl giving for Reafon, That being 

* appointed by Parliament the King's Chief Counfellor 

* and Guardian of his Perfon, the Lord Mortimer had 
' now taken to himfelf the Regal Power, and would not 
c permit him to come near the King, fo as to advife and 

* protect him according to his Truft. That though it 
' had been decreed that no Perfon whatfoever fhould 

* prefume to come armed to this Parliament, yet the [ X 9 8 ] 
' Lord Mortimer came with a great many armed Men, 

* by which he the faid Earl did not think his Perfon in 
' Safety.' This being certified to the King and Parlia- 
ment, it was thought a very reafonable Excufe by feveral 
Lords ; and the King's two Uncles, Thomas of Brotherton 
and Edmund Earl of Kent, went over to the Earl ofLan- 
(after's Party. It was not long, however, before they 
deferted him, and the Earl of Lancajler was reduced to 
fuch Straits, that, to make his Peace, he was obliged to 
afk Pardon of the Queen and Mortimer, at the Head of 
his Army. 

At this Parliament the King's own Brother, John of 
Eltham, was created Earl of Cornwall, and Sir "James 
Botteler, or Butler, of Ireland^ Earl of Ormond : Roger 
Mortimer, Baron of Wigmore, was alfo made Earl of 
March m . 

The aforefaid Lord Mortimer being now in the Ze- 
nith of his Power, fought to eftablifh it by the bafeft 
Means ; and judging that Edmund Earl of Kent, the 
King's Uncle, flood in his Way, he fubtilly drew him 
into a (ham Plot, in order to deftroy him. The Manner 
of it is difcourfed at large by the learned "Jojhua Barnes, 
in his elaborate Hiftory of this King's Reign, but is not 
to our Purpofe. Sufficient it is to fay, that Mortimer, A nn o Regni 3. 
knowing he had Proof enough againft him, fummoned a 1329. 
Parliament to meet at IVinchefter on the I3th of March, 
1 3}$. Here the Noble Earl was attainted of High Trea- 
fon, and, by the unanimous Confent of his Peers, ad- 
judged to Death. Hiftorians do not agree in their Ac- 

1 The King himfelf appointed Deputies to open this Parliament, as 
appears by a Precept to the Prelates, Barons, &c. Dated at Marlboroughi 
Oft. 5. Feed. Ang. Tom. IV. p. 372. 

a> Barrel Ed-ward 111. p. 30. j'yrrel and BraJy 

216 7be Parliamentary HISTORY 

K. Edward Ill.counts of the Caufe of it n , but think that it was for de- 

figning to fet his Brother, King Edward II. at Liberty; 

being made, through Artifice, to believe that he was then 

alive, and a Prifoner in Cardiff Caftle, in Wales . No 

f * other Bufinefs that we can find was done at this Par- 

But it was not long before the Death of this Prince 
was amply revenged on the Authors and Contrivers of 
it. The young King being now come to a more ma- 
ture Age, and being made a Father by the Birth of a 
Son, which his Queen brought him at Wood/lock, after- 
wards called Edward the Black Prince^ began to look 
more about him, and endeavour to {hake off the Fetters 
AniwRegm 4. ^j^ ^is Mother and her Minion had put upon him<*. 
To that End he, of his own Accord, fummoned a great 
At Nottingham. Council, or a Parliament, to meet at Nottingham, on 
the I4th ofOftober, in the fourth Year of his Reign r . 
Mortimtr, Prime ^ was nere tnat the King's Eyes were more open, and 
Minifter, appre-he was better informed about the Practices of his Mo- 
hended, t h er anc j Mortimer; and that he himfelf was in no fmall 

Danger if Things continued in the fame State. All 
which being reprefented to him, by fome well-affected 
Lords, the King gave Orders to them to feize Mortimer, 
and bring him to public Trial and Juftice. The Manner 
how this Arreft was executed is largely told by all our 
Hiftorians, but particularly Mr. Barnes ; the Earl's Per- 
fon was feized, as well as all his Adherents, in the Caftle 
and Town of Nottingham, and fent Piifoneis to the 


B Hollingjhead writes, that the Earl confefled before the Parliament that 
he was about to reftore his Brother to the Crown, by Command from the 
Pope, and in ConjundHon with divers Lords and others, whom he there 
named. Cbron. p. 348. 

Knyghton, col. 2559- The Earl flood till the Evening before the Caftle 
Gates at Wincbefter, and no Man could be found to do the Execution j 
Proffer Pietatem quam habebant de eo, nam damnotus erat abfque commum 
Confenfu. At laft a Villain, to fave his own Life, beheaded him. See 
Rapiu and his Annotator for the Earl's Confefiwn, at large^ before the 
Parliament, p 410, 411. 

P In the Public stfii there is a Letter directed to the Archbifliop of 
Canterbury, demanding an Aid from him and his Clergy, in Abxiho centra 
Guerram Franciae, which is faid there to have been granted in a Parliament 
at Eltham, in the Beginning of the Year 1330, but no further Account 
can we meet with about it. d$la Puhlica, Vol. IV. p. 422, 423. 

<} Froifart unites, that it was fufyeftcd the Queen was with Child by 
Mtrtimer Froifart's Hiftory, fol. 14. 

r Deinde Rex tenuit Conjitium fuum afwd Nottingham, in qvindena S. 
Michaelis, cum feae omnibus Mppnatitus R *"' Knyghton. col. 2??<!. 
Clauf, 4 Edw. ill, m. 29. d. 

of E N G L A N D. 217 

Tower of London. After which, the King being ztl. Ed-ward m* 

Leicejler, adjourned the Parliament from Nottingham to 

Wejlminfter, there to fit on this extraordinary Affair, 

the 26th of November following. The Writ for fum- 

moning a new Parliament, or adjourning the laft, being 

in a Form very unufual, Dr. Brady has given us at 

Length in his Appendix, and an Abftracl of it in his Hi- [ zoo ] 

ftory. But a much more fingular Writ than this, which 

was directed to the Archbifliop of Canterbury , was fent 

to all the Sheriffs in England ; in which the evil Defigns 

of the late Minifter, in packing of Parliaments to his 

Purpofe, is opeply declared, and fliews that this Practice 

has a much earlier Date than is ufually thought of. A 

Tranflation of which, out of the Public Afts, in old 

French, claims a Place in our Inquiries s . 

The KING to the SHERIFF of Lancafhire, Greeting. 
&1NCE we have been lately informed that feveral j^ King's Wnt 
*^ Opprejffions and Hard/hips have been put upon many of to all the Sheriffs 
the People of this Realm, by fame that were our Minijlers^ En Z land >\' t! ~ 
in diverfe Offices, aided by feme of our Nobility, as well* ^1 
Privy Counfellors as others, fo that our Affairs, by reafon Shires, for a Par- 
of the Tendernefs of our Age, were managed by thefe^ ament to ** 
People to our great Damage andDiJhonour, which Things^ 1 ^^ tha 
we can no longer fuffer, it is our greateft Defire that all 
Matters may be put in their due Eftate, and thefe Wrongs 
and Mifprifions redrejfed : 

We therefore charge and command you, on the Faith 
which you owe us, that immediately without Delay you 
proclaim in your'Jurifdittion, as well within Liberties as 
without, that ail thofe who can make Complaint of any 
Oppreflions, Hardjhips, or other Grievances to them done t 
contrary to Right, and the Laws and Ufages of our Realm, 
Jhould appear at Weftminfter, at our enfuing Parliament^ 
and make their Complaints to us, or to our Deputies, and 
luf will fee that they have as good and fpeedy Relief as in 
Reafon they can defire. 

And, becaufe that, before this Time, feveral Knights^ 
Reprefentatives for Counties, were People of ill De/igns^ 
and Maintainers of falfe Quarreh, and would not fuffer 
that our good Subjects fljiuld Jheiv the Grievances of the 
common People, nor the Matters which ought to It redref- 

s Afta Publi(a, Tom, IV. p, 453. 

21 8 tfbe Parliamentary HISTORY 

H, Edward \H fed in Parliament, to the great Damage of us and our 

We therefore charge and command that you caufe to be 

tletled, with the common Confent of your County, two 9 

- -. the mojl proper and mojl fufficient Knights, or Serjeants l , 

I 201 J of the faid County, that are the leaji J'ufpefted of ill De- 

Jigns, or common M.aintainers of Parties, to be of our faid 

Parliament^ according to the Form of our writ which 

you have with you. 

And this we expeft you Jhall do^ as you will efchew our 
Anger and Indignation. 

Given at Woodftock^ November the third. 

By the K I N G. 

The Parliament being affembled at Wejlminfler w , on 
202 ] the Day appointed, the young King, it is faid, made a 


t The Word here is Serjeante, which we have tranflated literally, not 
knowing well what to make of it. The Law Dictionary fays this Word 
fometimes fignifies an Officer belonging to a County, the fame which Brae- 
ton calls Servientem Hundred! t fo the Steward of a Manor is called Ser-uiens 
Manerii. But the true Meaning of the Word Serjeante, as we are informed 
by a learned Judge, [Mr. Baron Smytbi] is. Perfons holding of the Crown 
in Grand Serjeanty. 

" The Names of the Peers fummoned to this famous Parliament, ex- 
tracted from the Abridgment of Parliamentary Records, will not be un* 
acceptable to a curious Reader, p 5 

Anno Quarto Edw ill fummonitio Parliament!. 

Rex, &c. Thorn. Cum. Noiff & M.arefcallo Anglic, cffr. apud Weftm. 
Die Lunae prox. poft feftum S. Catharina;, &( . left, apud Leiceft. per Reg. 
23 Oclobus. 

Conjlmilei Liters diriguntur fulfcriptls. 

Johanni Com. Cornubiae, Fratri Re- Willie), la Zouch, de Mortuo Mari 
gis, Williel. la Zouch, de Harringworth, 

Henrico de Lane. Ccm Lane. Randolfo de Dacre, 

Johanni de Warren, Com. Sur. Richardo de Damoroy, 

Johanni de Britannia, Com. Richm. Roberto de Morley, 
Roberto Vere, Com. Oxon, Kugoni de Courtney, 

Johanni de Bohun, Com. Keref. 6f Johanni de Bello Campo, dt Somer- 

Eflex, fet, 

Tho. de Bello Campo, Com. Warr. Johanni de Cromwel, 
David de Strabolgi, Com. Athole, Johanni de S. John, 
Henrico de Pe:cie, Fulkoni de Strange, 

Roberto de Clifford, Simoni Warde, 

Willielmo de Latimer, Johjnni de Haveringtoa, 

Henrico Filio Hugonis, Johanni de Claveringe. 

Johanni Petche, Henrico de Cobham, 

Johanni de Mowbray, Rogero de Grey, 

Rado. de Nevil, Henrico de Grey, 

Anth. de Lacie, Stephano de Cobham. 


tf ENGLAND. 219 

Speech to them, complaining much againft the Conduc"l K &**"'<* IU 
of the Queen and Mortimer ; and that, with the Confent . no Re j 
of his Subjects, he defigned to afTume to himfelf the 
Reins of Government, tho' he was not yet arrived to 
the Age prefcribed by Law. The Parliament gladly 
confented, all the Members being equally ready to fe- 
cond his Defigns. For this Hint of a Speech we have no 
better Authority than Mr. Rapin ; where he had his the 
Marginal Notes do not declare ; it is likely that the 
Matter was propofed to the Parliament by fome of the 
Miniftry, it not being the Cuftom in thofe Days to 
fpeak from the Throne, as the Reader will plainly find 
in the Sequel. Mr. Tindal indeed has added, from good 
Authority, that the King refumed into his Hands, in 
this Parliament, all the Grants that had been made du- 
ring his Minority. 

The next Thing we find done at it, was the exhibit- 
ing the following Articles againft the Lord Mortimer^ 
which we fhall here give, tranflated from the French 
Original, now on the Rolls in the Tower, and are in Dr. 
Brady's and Mr. TyrreFs Hiftories, with the latter's Re- 
flections on the further Proceedings of this Parliament x . 

Thefe are the Treafons, Felonies, and Mifchiefs done to 
cur Lord the King and his People, by Roger Mortimer, 
and others of his Company. 

I. Whereas in the Parliament holden at Wejlmmjler Articles of lm 
next after the King's Coronation, it was ordained, P eachmcnt 

a s ainft Lord 

Richardo de Grey, Tho. de Furnivall, jut. 

Thomae Bardolfe, Johanni de Mohun, 

Rado. Bafl~et, de Draiton, Jacobo de Audley, 

Rado. de Camoys, Johanni Matrevers, jun 

Humfredo de Poinitz, Willielmo Blunt, 

Hugo de Audele, Bartho. de Burgherfne, 

Phil. Darcye, Henrico de Ferrariis, 

Willielmo de Eyme. Johanni le Strange, 

Roberto de Ifle, Johanni le Sherleton, 

Johanni de Marmion, Baitho. de Burgherflie, Cufttdi 

Philippo de Columber, Quinaue Pertunm. 

Tho. de Furnivall, fen. 

We begin now to have this and the fucceeding Parliaments better and 
more regularly enteied on the Rolls than formerly. This Parliament, 
4 Edward III. has this Introduction. 

Recorda et Memoranda de His que jiebant in Parliament!) fummonito afutf 
"Weftmonafterio Die Lun/e proximo pcft p'e/lum Sanfie Catherine. An. Reg. 
fegit Edvvardi Tertii poft Conqueftum quarto, liberata in Cancellariam per 
^enricum dc Edenftowe, Clencum Parliament!. 

x Rymer's Feed. Tom. IV. p. 476, See alfo a Copy of thefe Articlw 
yj Knygbtin, col. 2556, 

"Parliamentary HISTORY 

K. Edward ill.* That four Bifliops, four Earls, and fix Barons fhould 
remain with the King to advife him, and that four 

* fhould ftill be with him, viz. one Bifhop, one Earl, 
' two Barons at leaft, and that no great Bufmefs fhould 
be done without their Aflent j after which Parliament 

* the faid Roger not having Regard to the faid AfTent, 
' ufurped to himfelf Royal Power, and the Government 

* of the Realm, above the State of the King, and put 

* out and placed Officers in the King's Houfe, and other 
* ' where throughout the Kingdom, at his Pleafure, fuch 
I 20 3 J t as were o f hj s party, and fee John Wayward and others 

' about the King, to obferve his Adtions and Words ; 
' fo as he was encompafled by his Enemies, that he 
could do nothing as he would, but only as a Man 

* under Guard or Reftraint. 

II. Whereas the King's Father was at Kenelwortb, 

* by Order and AfTent of the Peers of the Land, to ftay 

* there for his Eafe, and to be ferved as fuch a great 
' Perfon ought to be ; the faid Roger^ by his ufurped 
' Power, which he exercifed over him at his Pleafure, 
' ordered that he fhould be fent to Berkley Cattle, where, 

* by him and his Confederates, he was traiteroufly, felo- 
' nioufly, and falfly murdered and killed. 

III. 4 The faid Roger , by his ufurped Roval Power, 
' forbad, by the King's Writ under the Great Seal, 

* That any fhould come to the Parliament at Salijbury 

* with Force and Arms, under Pain of forfeiting what- 
' ever they had to the King ; yet thither he came, with 
c others of his Party, with Force and Arms to the faid 

* Parliament, contrary to the Prohibition aforefaid ; 

* wherefore divers Peers of the Land, as the Earl of 

* Lancafter and others, knowing the Manner of his 
" coming, would not be there : And whereas the Pre- 
' lates were affembled in one Houfe, to confult about 
' the Bufmefs of the King and Realm, the faid Roger 

* broke open the Doors of the faid Houfe with armed 

* Men, upon the Prelates, and threatened them with 

* Life and Member, if any of them fliould be fo hardy 
' as to fpeak or do any Thing contrary to his Pleafure in 
' any Point. And in the fame Parliament, by the faid 
' ufurped Power, he caufed the King to make him Earl 

* of March., and to give him and his Heirs feveral Lands 

* in Difhcrifon of the Crown ; and afterwards the faid 


of E N G L A N D. 221 

* Roger, and thofe of his Party, led the King armed K. Edw*r* HI, 
againft the Earl of Lancajitr, and other Peers of the 

Land, as far as Wincbefter, when they were coming 
to the Parliament at Salijbury, fo that the Earl and 

* other Peers, to avoid the Evils that might have hap- 

* pened, out of Regard to the King, departed and went 

* toward their own Countries, grieving that they could 
' not fpeak with, or advife, their Liege Lord as they 
' ought to do. 

IV. * The faid Roger ', by the faid ufurped Power, cau- C 204 ] 
c fed the King to march forcibly againft the faid Earl, 

* and other Peers of the Land, who were appointed to 
' be with the King to advife him ; and fo profecuted them 
with Force, that the faid Earl and fome others of his 
' Company, that wifhed well to the Kingdom, fubmit- 
' ted to the King's Grace, faving to them Life and Mem- 
' ber, and that they might not be difmherited, nor have 
' too great a Fine fet upon them ; yet he caufed them to 

* be fined fo grievoufly, that half their Lands, if fold out- 

* right, would only pay it ; and others he caufed to be 
' driven out of the Nation, and their Lands to be feized, 
' againft the Form of the Great Charter, and Law of the 

V. ' Whereas the faid Roger knew well the King's 

* Father was dead and buried, he, by others of his Party, 
' in deceivable Manner, informed the Earl of Kent that 

* he was alive ; wherefore the Earl, being defirous to 

* know whether it was fo or not, ufed all the good 

* Ways he could to difcover the Truth, and fo long, 
6 till the faid Roger, by his ufurped Royal Power, caufed 
' him to be apprehended in the Parliament holden at 
' lyeflminjler, and fo purfued him, as in that Parliament 

* he procured his Death. 

VI. ' The faid Roger, by his ufurped Royal Power* 

* caufed the King to give to him and his Children, and 

* Confederates, Caftles, Towns, Manors, and Fran- 

* chifes in England, Ireland, and I'/ales, in Decreafe of 

* the Revenues of the Crown. 

VII. ' The faid Roger, in deceivable Manner, caufed 
' the Knights of Shires, at the Parliament at Winchefter^ 
' to grant to the King one Man at Arms out of every 

* Town of England, that anfwered in the Court of the 

* Eyre by four Men, and the Provqft, (i. f. the Rieve 


222 'The Parliamentary Hi s T on Y 

^..Edward IIM or Bailiff of the Lord of the Manor) to ferve at thetf 
own Coft, for a Year in his War in Gafcoigny ; which 

* Charge he contrived for the Advantage of himfelf and 

* Party, in Deftrudlion of the People. 

VIII. The faid Roger, by his faid ufurped Royal 
Power, caufed Summons to be fent to many great 
Knights and others, that they fliould come to the King 

r 1 ' wnere " ever he was ant * wnen the y came > ne caufed 
2 5 J ' them to be charged to prepare themfelves to go into 

* Gafcoigny) or fine at his Pleafure ; which Fines were 
for the Benefit of him and his Party. 

IX. The faid Roger, falfly and malicioufly, made 
' Difcord between the King's Father and his Queen ; 
e and poflefled her, that if (he went to him fhe ftiould 

* certainly be killed with a Dagger, or otherwife mur- 

* dered ; and by this Way, and his other Subtilties, he 

* fo ordered it, that (he would not come to her Liege 

* Lord and King, to the great Difhonour of her Sort 

* and Self, and great Damage of the whole Realm, per- 

* chance, in Time to come, which God forbid. 

X. ' The faid Roger, \>y his faid ufurped Royal Power, 

* had caufed to be taken, for him and his Party, the 

* King's Treafure, as much as he pleafed, without Tale, 
'. in Money and Jewels, in Deftrudlion of the King, fo 
4 that he had not wherewithal to pay for his Victuals. 

XI. ' The faid Roger, by the faid ufurped Power, 
c caufed to be fliared between him and his Confederates 

* the twenty thoufand Marks which came out of Scotland 

* for the Articles of Peace, without any Thing received 

* by the King. 

XII. * The faid Roger* by his above-mentioned Royal 
' Power, received the King's Duties and Purveyance 

* through the Kingdom, as if he had been King ; and 

* he and his Party had with them double the Company of 

* Men and Horfe that were with the King, in Deftruc- 
' tion of the People, not paying for their Quarters any 

* more than they themfelves pleafed. 

XIII. * The faid Roger 9 by his faid Royal Power, 

* caufed the King to grant to the Amount of two hundred 

* Charters of Pardon to thofe Irljh who had killed the 

* Great Men of Ireland, and others, who were in the 

* King's Faith j whereas the King ought immediately 

* tft 

of E N G L A N D. 223 

* to have revenged their Deaths, rather than pardon &. Ed-ward III* 

< them, contrary to the Statute and Aflent of Parliament a . 

XIV. ' The faid Roger contrived to have deftroyed 

* the King's lecret Friends, in whom he had moft Con- 

< fidence ; and he furmifed to the King, in the Prefence 

' of the Queen his Mother, the Bifhops of Lincoln and [ 206 J 
c Saliflury, and others of his Council, that his laid fecret 
Friends had excited him to combine with his (the faid 
c Roger's) Enemies beyond Sea, in Deftruc"Hon to the 
' Queen his Mother, and of him the faid Roger j and 

* this he affirmed fo impudently to the King, that he 

* could not be believed againft what he had faid ; and for 
' thefe Things, and many others, not as yet fit to be 
' declared, he had been apprehended : Wherefore the 

* King charged the Earls and Barons, the Peers of the 
c Land, as thefe Things concerned himfelf, themfelves, 

* and all the People of the Realm, to do right and true 

* Judgment upon him for the Crimes above- written, as 
' being notorious, and known to be true, to themfelves 

* and all the People of the Kingdom V 

Thefe Articles, though fomewhat long, are here gi- 
ven at large, becaufe they give greater Light to divers 
Tranfa6tions in the three firft Years of this King's Reign, 
than is to be had any where elfe. 

Then the Earls, Barons, and Peers, having exami- 
ned thefe Articles, came into Parliament before the 
King, and they all deliver'd their Opinion, by one of 
their Body, c That all Things contained in the faid Ar- 

* i * . ., o iri j H He is condemned 
' tides were notorious, and known to themfelves, and all and executc d. 

' the People ; wherefore they, as Judges in Parliament^ 
6 by Aflent of the King, did award and judge the faid Ro- 

* ger, as a Traitor and Enemy to the King and Kingdom j 

* to be drawn and hang'd, and commanded the Earl Ma- 
6 refchal to execute the Judgment, and the Mayor, Alder- 

* men, and Sheriffs of London, with the Conftable of the 

* Tower, and thofe who had the Guard of him, to be aid- 

* ing and affiftingwith the Earl Marefchal at the Execu- 

* tion$ which was performed accordingly on the 2gth of 


This Article is mofl wretchedly mangled in both Dr. >tf</y'sand Mr. 
Turret's Tranfiadons j in the Origin il it is as we have given it. 

b The Original fays, Item h dit Roger compaJJ'udaver Deftruyt let Nur- 
riz le /Joy, & cei/x que furcnt fa plui ftcrex, Sec. Norrix, muft be the 
fame as NeurijJ'e, the King's Nurfc j bat we have not adventured to tranf- 
late it. 

The Parliamentary HISTORY 

K. Edward III.* November 9 1330, at a Place then called the Elms, and 

* now Tyburn, the third Day after the Meeting of this 
Parliament.' His Body, after it had hung two Days 
and two Nights, was granted to the Fryars-Minors, who 
buried it in their Church, now called Chrijl Church d . 

4. -I Next, the King in this Parliament charged the Earls, 
* Barons, and Peers, to give right and true Judgment 

againft Simon de Hereford, Knight, who had been aiding 
and advifing with Roger Mortimer in all the Treafons, 
Felonies, &fa for which he was afterwards adjudged to 
die, as was notorioufly known to the faid Peers ; where- 
upon they came before the King in Parliament, and faid 
all with one Voice, c That the faid Simon was not their 

* Peer, and therefore they were not bound to judge him 

* as a Peer of the Land : But fince it was a Thing fo 

lr f ' notorious, and known to all that he was advifins;, aid- 

As are alio leve- . n~n- i /- j r> it i _i 

nl others of his c ing, and afliftmg the faid Roger in all the Felonies, 

Confederates. < Treafons, and Villanies aforefaid, which were to the 

' Ufurpation of Royal Power, the Murder of their Liege 

* Lord, and Deftruction of the Royal Blood ; and that 

* he was guilty of divers other Felonies and Robberies, 

* and a principal Maintainer of Robbers and Felons, 

* they, as Peers and Judges of Parliament, by AfTent of 

* the King, do award and adjudge him, as a Traitor and 

* Enemy to the King and Realm, to be drawn and 

* hang'd ; and the Earl Marefchal was commanded to do 

* Execution ;' which was alfo done on Monday next after 
the Feaft of St. Thomas the Apoftle. 

But it appears by the fame Parliament Roll, that it 
was then alfo declared, That tho' the Lords and Peers 
in Parliament had for this Time, in the King's Prefence, 
proceeded as Judges to give Judgment upon thofe that 
were no Peers ; yet hereafter this fhould be no Precedent 
to draw them to give Judgment on any other but their 
Peers, in Cafes of Treafon or Felony. 

Then the Peers proceeded and pafTed Judgment upon 
the principal Actors in the Murder of the late King Ed- 
ward, and the Death of Edmund Ezr\ of Kent ; and, for 
the latter of thefe, Sir John Maltravers being found 
guilty in making him falily to believe that the faid King 


d PrediSlus Rogerus at Prodi tor et Inimicus Rtgis et Regni, 
et fufpenfus, teftio Kal. Septembris afud Londonias ; cujut Carpus duebvt 
ehtii et Nofiibus nudum fendebat fufer Furcas, traditum eft Corfui 
ts Minores London. Knjgbtvn t col, 2.556. 

cf ENGLAND. 225 

Vtzs alive, the faid John was fentenced to be drawn, K. Edward ill* 

hanged, and beheaded as a Traitor, when and where- 

ever he (hould be found j and the Peers prayed the King 

to iflue forth his Proclamation, That any one who could C 208 ] 

take him alive, and bring him to the King, {hould have 

a thoufand Marks j and if he could not be taken alive, 

he that fhould bring his Head, {hould have five hundred 

Pounds of the King's Gift. 

But it feems ftrange that this Man, who is reported 
by all our Hiftorians to be as much concerned as any in 
the Murder of King Edward^ fhould not be now con- 
demned for that, but another lefs^ Crime j which makes 
me fuppofe, fays Tyrrel, that there was not fuch fuffi- 
cient Proof made out againft him of that Murder, as there 
was of the other : But, notwithftanding this Price which 
was put upon his Head, it is certain he was never ta- 
ken, but lived a baniflied Man in Germany^ at the Time 
when our Author wrote his Chronicle e . 

Further, the fame Judgment was given againft Eog9 
<de Bayons and John Daveril, for the fame Caufe, and 
he that could take Bogo alive, and bring him to the 
King, {hould have a hundred Pounds ; or if he brought 
his Head, he {hould have a hundred Marks ; alfo he that 
could take John Daveril alive, and bring him to the 
King, {hould have a hundred Marks, or if he could 
bring his Head, he mould have forty Pounds. 

The fame Judgment was given likewife againft That- 
mas de Gurney and William de Ocle y for the Death of 
King Edward, ' That they had falfly and traiteroufly 
* murdered him ;' and he that could take Thomas alive, 
was to have a hundred Pounds ; or if he could bring his 
Head, a hundred Marks : He that could bring William 
de Ode alive, was to have a hundred Marks, or for his 
Head, forty Pounds. 

What became of this de Ode we don't find, but as 
for Gurney , he was, not long after, feized at Marfeilles* 
in France^ and being put on board a Ship, in order to 
be brought over to England^ was, by Order of the Cap- 
tain, (who, no Doubt, had his Orders) beheaded at Sea ; 
left, if he arrived, he mould accufefome Prelates and other 
Great Men, as being privy in confenting to the fame 

VOL. I. P At Mirimeuth, edkunc An* 

226 tte Parliamentary HISTORV 

K.Ed-ward III. At the Clofe of all thefe Judgments for Death, &V, 
is another Declaration of the Peers, 4 That they fhould 
not be drawn into Confequence, nor be made injurious 
to their Privileges for the Time to come.' Amongft the 
Pleas of the Crown in this Parliament f , there is recorded 
the Arraignment of the Lord Thomas de Berkeley, for 
the Death of Edward II. to this Effect ; For that the 
C 20 9 ] faid King was committed to the keeping of the faid Tho- 
mas and "John Mahravers, in the Caftle of the faid Sir 
Thomas at Berkeley, when he was murdered ; the faid 
Sir Thomas faith, ' That, at the Time of the Death of 

* the faid King, he was fick at Bradelye, without the 

* faid Caftle, and knew not what was done there, nor 

* was confenting thereunto;' and thereupon put himfelf 
upon his Trial by twelve Knights, named in the Re- 
cord, who found him Not guilty, nor that he fled, or 
withdrew himfelf upon it j but fince he had placed un- 
der him Thomas de Gurney and William de Ode to keep 
the King, by whom he was murdered, he had a Day 
given him to hear his Judgment in the next Parliament ; 
and, in the mean Time, he was committed to Sir Ralph 
NevilL> Steward of the King's Houfhold. 

In this Parliament Edward, the young Earl of Kent t 
was alfo reftored to his Father's Honours and Eftate, as 
hath been already obferved ; for, being encouraged thro* 
the Clemency as well as Juftice fhewn by the King to 
Richard, Son of the late Earl of Arundele, he alfo pray'd 
to be reftored to his Blood, Lands, and Goods, feeing 
his Father was put to Death, not being tried by his Peers, 
according to the Great Charter and the Law of the Land ; 
but becaufe the Attainder was confirm'd by Parliament 
at Northampton, he mended his Petition, and prayed to 
be reftor'd of the King's meer Grace j which was granted 

Alfo, in the fame Parliament, the Prelates, Earls, and 
Barons, prayed and advifed the King to give and grant 
a Thoufand Pounds per Annum to Sir William Monta- 
cute, and his Heirs, for his Service in taking Roger 
Mortimer, Earl of March, and his Confederates, with- 
out Blooclfhed ; a Thoufand Marks whereof was to be 
out of the Lands of Mortimer. And, upon the like 
Prayer and Advice, his Afiiftants, viz. Edward Bohun 


f Rot. Psrl, A. R, R. Edw, III, 40, 

vf E N G L A N D. 227 

had four hundred Marks per Annum to him and his Heirs ^K. Edward III* 
Robert de Uffard three Hundred, and John Nevill two 

The reft of the moft confiderable Tranfa&ions of this 
Parliament are, That William Archbifhopof Tork^Stephen 
Bifhop of London, William Abbot of Langdon, William 
Lord Zouch of Mortimer , and many others, who had L 2I J 
agreed with Edmund, late Earl of Kent, for the Delivery 
of the late King Edward, and been thereof impeached, 
were now wholly acquitted, and fully reftored to all 
their Goods and Pofleffions. 

It was alfo ordered, That thofe who had taken Up 
Arms with Henry Earl of Lancafter at Bedford, in which, 
the Mayor and Citizens of London were included, or had 
been concerned in the Matter of Edmund, late Earl of 
Kent, fhould be releafed of all Fines impofed on that 
Account ; and that their Lands, which were therefore 
fcized into the King's Hands, (hould be reftored with 
the Mefne-Profits, &. and therefore the King pardoned 
Henry Earl of Lancafter, and all thofe who took Pare 
with him, all Fines and Ranfoms whatfoevef. 

And farther, we find, that foon after the News of 
Mortimer's Fall, and the Knowledge of this Pardon, 
Thojnas Lord Wake, Hugh Lord Audeley, Henry Lord 
Beaumont, Sir Thomas RoJ/elin, Sir William Truffel, Sir 
^Thomas Withers, and the reft whom Mortimer's Power 
had forced beyond the Seas, returned from France, and 
were received as their Loyalty deferved ; being by the 
King freely reftored to all their Lands and Pofleffions. 

But before we take Leave of this Parliament it is ne- 
ceflary to obferve, That there was an Adi pafled in it 
for the holding one once a- year, or oftener, as Occafion 
required. And now this Parliament, having difpatched 
a great deal of Bufinefs in a fliort Time, was diflblved 
a little before Chrijlmas ; when the King went down 
into the Country to divert himfelf, and kept that Feftival 
at Wells. 

With Mortimer fell alfo the Queen-Mother's Power And the Qneen- 
and Authority at Court ; and tho' we find nothing in Mother made 
the Records of this Parliament relating to her, we may^jf onel fttt 
fuppofe it was in Refpedt to the King, who dutifully ' e * 
P 2 declin'd 

g Vide Scat, at large 4 Ediv. JII. cap. xiv, This Aft is not entered 
h the Rolls, 


*Tbe Parliamentary HISTORY 

Anno Regni 5. 
I33 1 - 

[211 ] 

K. Edward III. declin'd calling her into Queftion. He thought proper 
however to confine her for Life, and flie continued * 
State Prifoner, in the Caftle of Rifings, near London, 
all the reft of her Days ; with an Allowance of three 
thoufand Pounds a Year for her Maintenance. 

In the fifth Yaar of this King's Reign he called a Par- 
liament at Wejiminjler to meet the Day after Michael- 
At Weftminfter. mas-Day, in which the Bifhop of Winchejler, Chancel- 
lor, declared the Caufe of the Summons to be, * Con- 

* cerning the Duchy of Guyenne *, and the King's Pof- 
' feflions beyond Sea, whether Peace ihould be made or 

* other Iffue put to the Diflentions between the Kings of 

* England and France, by reafon of the faid Territories. 

* As alfo about Affairs in Ireland, concerning the King's 

* going thither, to ordain how Peace might be the beft 

* kept in that Nation.' It was agreed that the King's 
Bufmefs fhould be preferred before any other. 

Upon this the Chancellor applied himfelf to the Pre- 
lates, Earls, Barons, and other Great Men, for their 
Advice, ' Whether they thought it beft for the King 
to proceed by Way of Procefs of War, or by an ami- 

* cable Treaty with the K^ing of France, for the Refti- 

* tution of Guyenne ?' The Parliament agreed to the 
laft, as the leaft dangerous Way of proceeding ; and 
that the King was to nominate Commiffioners for that 
Purpofe ; who accordingly named the Archbifhop of 
Canterbury, the Chancellor and Treafurer, the Bifhops 
of Ely and Worcefter, the Earls Marefchal and Warren, 
Sir Henry de Beaumont, Sir Henry de Percy, Sir Hugh 
de Courtnay, Sir Geoffry le Scrape, Sir William de Herle^ 
Sir ''John de Stonere, and Sir 'John de Cantebrigg, [Cam- 
bridge"] to take out of this Number whom he pleafed, 
to be fent as AmbafTadors to the French King, in order 
to treat of a Peace, and a good Agreement between them. 

As to Ireland, it was refolved, * That the King in Per- 
fon fhould go thither ; but, to prepare his Way, a cer- 
tain Number of Forces, under able Commanders, fhould 
be fent before him, and that thofe efpecially that held 
any Lands there, fhould go fpeedily over for the De- 
fence of that Kingdom.' Alfo it was ordained, 'That 
all learned Men in the' Law, who fhould be appointed 
as Juftices, Ihould by no Means be excufed on any 


i Duckte dt Guyenne, Rot. Parl, 5 Ed-w. III. 

of E N G L A N D. 229 

* Pretence whatfoever.' And further, it was ordered, K Edward 111. 

* That Search fhould be made into his Majefty's Records, 
4 to fee what Methods had been formerly taken for the 

* civilizing and well-governing the People of Ireland. 

In this Parliament Sir Hugh Defpenfer, Grandfon and Several Pardont 
Son to the two former Hughs? put to Death by Queen granted. 
Ifabelznti Mortimer ', having obtained the King's Pardon, 
for valiantly defending his Caftlefrom the C^een, was 
now wholly acquitted of that Crime, and his Bail dif- 
charged c . Thomas Lord Berkeley , who was alfo acquit- 
ted laft Year, petitioned to have his Manuprifors dif- 
charged ; and it was done accordingly. Mr. Barnes ob- 
ferves, That it was the Cuftom in thofe Days, when any [ 212 ] 
one had been tried as an Offender againft the King, and 
was acquitted, or had his Pardon, yet neverthelefs he 
was to provide twelve of his Peers to be Sureties for his 
forth-coming during the King's Pleafure. The Difcon- 
tinuance of which Cuftom, adds he, has been too ufe- 
ful to Traitors in our Days d . 

It was here alfo moved in full Parliament, either, fays 
our Author, in Compaffion of Innocence, or becaufe all 
their Refentment was fatisfied in the Execution of Mor- 
timer^ that the King would be gracioufly pleafed to ex- 
tend fome Favour to Edmund, eldeft Son to the late Earl 
of March. At which bold Requeft the King being of- 
fended, as imagining that they petition'd for a full Refto- 
ration of his Father's Lands and Honours, afked them 
with fome Emotion, c What they would have, fince his 
Father had been murdered by the Procurement of the 
faid Earl ?' The Parliament's Anfwer was, 'That they 
only fpoke in the young Man's Behalf for fome certain 
Lands entailed.' To which the King replied, 'That 
he would do in that Matter what he himfelf thought 
fit.' This Severity is faid to have broke this young 
Lord's Heart ; but his Son, then a Child, was reftored 
to all his Grandfather's Honours and PoiTeiHons, three- 
and- twenty Years after, by this very King. 

In this Parliament it was agreed, that all Featsof Arms, 
as Jufts, Turnan\ents, &c- fhould be forbid, as well by 
the Juftices as others, untill the King and his Council 
ihould otherwife appoint. p . .<- 

' The Bones of his Grandfather and Father were alfo granted to him to be 
taken down and burisd in Chriftian Burial. Feed. Ang* Tom, IV, p. 46 \ 
4 Garnet's Edw. Ill, f. 63. 'J'itKf. Car. 11, 

230 e ^> e "Parliamentary HISTORY 

KM Edward III. Alfo that Ifabel^ the Queen - Mother, fhould hav$ 
yearly three thoufand Pounds, in Rents and Lands, al- 
lowed her for her Maintenance. 

And that none of the Eftates in Parliament fhould re- 
tain, fuftain, or avow any Felon, or other common 
Breaker of the Law. Alfo, 

It was enacted, That no Purveyance of Victual fhould 
be made, but for the King, Queen, and Royal Family, 
and that by good Warrant and ready Payment e . 

An Ordinance was made to regulate the current Coin 
of the Kingdom, which had been counterfeited abroad, 
and was imported by foreign Merchants. 

Laftly, it was agreed by the King and his whole Par- 
liament, That the Bifhop of London fhould refide near 
the King till the Meeting of the next Parliament, in 
order to advife for the beft, along with the Chancellor, 
Treafurer, and others. 

The Neceffity of the King's Affairs obliging him to 
have frequent Parliaments, another was fummoned by 
I 2I 3 ] Writ to meet at Wejlmlnfter^ March 12, 1332; reciting 
Anno Regni 6. in the Summons the King's Reafons for calling them. 
1332- Where, that we may fee, fays Jojhua Barnes , (who we 
r. find had diligently fearched into, and examined, all the 
Records of this Reign) what prudent Care was then 
taken, by thefe auguft Affemblies, that their Debates 
fhould not be awed by Fear, or difturbed by Tumults, 
it was firft, by the King's Order, proclaimed, ' That no 
Man, upon Pain of forfeiting all his Subftance, fhould 
prefume to ufe or wear any Coat of Metal, or other 
Weapon ofFenfive or defenfive, in London^ lyejlminjler^ 
or the Suburbs of the fame f : And alfo that, during 
the Time of this Seflion, no Games, or other Plays, or" 
Men, Women, or Children, fhould be ufed in IVeft- 
minjler, to the Difturbance of the Parliament.' Here 
alfo, adds he, we fhall mention the laudable Cuftom of 
Parliaments in thofe Days, whereby certain Committees 
were appointed not only to be Receivers, but alfo Tryers 
of Petitions, who were to inquire of the Matter of Fat 
expreffed in the Petition; that fo it might be cleared and 
rightly ftated before it came to be debated in lull Parlia- 
ment : 

Barnes's Edio. III. p. 64, See Statutes at large, An. Reg. 5 Edw. III. 
f The Arms prohibit were Coats of Mail, Haubergeons, Swords, Of 
long Knives, Rot, Part. 6 Edw, III, N'. 3. 

of ENGLAND. 231 

ment: But of this we have more largely treated in a K, Edward HI, 
former Reign. 

At the Meeting of this Parliament the Chancellor 
opened the Sellion with a Speech in the Nature of a Ser- 
mon g , more fully declaring the King's Reafons for call- 
ing them : The Purport of which was to acquaint them, 

* That his Majefty had received a Meflage that the 

* King of France, with many other Kings and Princes, 

* having appointed to go to the Holy Land* in the pre- AMn j invitolf 

* fent Month of March, they much defired the Company by the King of 
c of the King of England, for the better {lengthening^"""' to go to 
' themfelves againft the common Enemy of Chriften- the Iio } Lan 

* dom; the King therefore defired the Advice of this 

* Parliament, whether it was proper to accompany them 

* in this Expedition or not.' Then Sir Geoffrey Scrape of 
JMaJham, in the King's Prefence, and at his Command, 
declared further, ' That this Meeting was called as well 

* to redrefs the Breaches of his Laws and his Peace, as 

* for the Voyage to the Holy Land : That the King was 

* informed, and it was notorious to all, that divers 

* People, defying the Law, were gathered together in 

* great Companies, to the Deftru&ion of the King's [ 214 } 

* Subjects, the People of Holy Church, and the King's 

* Juftices; taking and detaining fome of them in Prifon, 
c untill, to fave their Lives, they had received great 

* Fines and Ranfoms, at the Pleafure of the Evil-doers; 

* putting fome to Death, robbing others of their Goods 

* and Chattels, and doing other Mifchiefs and Felonies.' 
Therefore he the faid Sir Geoffry, on Behalf of the King, 
charged the Prelates, Earls, Barons, and others, there 
aflembled, on their Faith and Allegiance, That they 

* (hould advife him, firft, concerning his Voyage to the 
c Holy Land, which he very much defired to undertake ; 

* as alfo how the Peace might be kept, and how thefe 

* Rioters might be chaftifed and retrained from their 
' Wickednefs.' 

After thefe Speeches were ended, the Archbifhop of 
Canterbury flood up and faid, ' That it did not properly 

* belong to their Function to be prefent at criminal De- 
' bates ;' and, with a Provifo of referving their Rights 
flill to themfelves and Succeflbrs, withdrew, with the 
Fro&ors of the Clergy, to confult by themfelves. The 


Z En Faurmc de Prcdicacisnt 

232 W* Parliamentary HISTORY 

K.Edward III, Earls, Barons, and other Grandees, confulted alfo apart, 
and the Reprefentatives of the Commons apart, they at 
that Time having no particular Speaker. 

The Refult of thefe feparate Confutations was, that 
the Lords and Great Men returned into the King's Pre- 
fence; and, by the Mouth of Sir Henry Beaumont^ whom 
they had then chofen to deliver it, declared that their 
Advice to the King was, ' That he {hould ordain Ju- 
Peacffirfl : !p! ' ^^ every County of the Kingdom, for the Con- 
pointed. ' fervation of the Peace againft Offenders, with Power 
f to punifh and reprefs them; and, further, that certain 

* Officers fhould be appointed for apprehending Male- 

* factors, and levying the Hue-and-Cry V Accordingly 
Commifiions were iffued out to the Sheriffs, and beft 
Men of every County, to apprehend and imprifon, and 
raife the Poffe-Comitattts againft them, and caufe them 
to be indicted and punifhed according to their Deferts. 

The Prelates and Clergy had drawn up a Sentence of 
Excommunication againft thefe Malefactors, which was 
agreed to by the King, Earls, Barons, Knights of Shires, 
f 11 c 1 an ^ Commoners *, and ordered to be pronounced againft 
them in the Church of St. Paul, London, and afterwards 
fent to all the Bifhops in England, to be publifhed in 
their refpective Diocefes. In which Sentence were in- 
cluded, * All thofe who difturbed the Peace and Quiet 

* of Holy Church and the Realm ; efpecially fuch as 

* made Alliances and Affociations, by Covenants, Obli- 

* gations, or Confederacies ; all the Receivers, Favourers, 

* or Defenders of them ; and all fuch Covenants, Obli- 
' gations, Confederacies, and Alliances were declared 
void.' To which the Prelates added, * That if any 

* Oaths had been taken to confirm them, they alfo were 

* annulled and made of no Effect.' 


k Lever Hu et Crie. In Orig. 

"We have not altered the Text here, as it runs in our firft Edition, but we 
have lince found that Juftices of Peace were made earlier than this Time, 
vix. the firfl of this King, Anno 1327 : For in the Statutes at large in that 
Year, chap. xvi. there is this Title, Who Jball be aj/igned Jujtices and 
Keepers of the Peace : And, in the Body of the Act, 7 be King wills that, :>i 

eiiery County , good and lawful Men, which be no Maintainen ttf Evil, 

the Country 
See alfo Statute 4 Ed-ward III. cap. ii. Statutes at large 

, , 

Barretters in the Country, Jball be ajjigncd to keep the Peace, 

Par noftre Seigneur le Roy, Prelatx, Countes, Barons, et outre 
Cbivaltrs de Ceuatces, Centxi de Cw.mur.e, &c, la Orig. N. 5, 

of E N G L A N D. 233 

Thefe domeftic Difturbances had been occafioned by K. Edward ill. 
Defect of good Government during the King's Mino- 
rity j by which a great many bold, diflblute Fellows had 
aflbciated themfelves in great Companies, and, keeping 
the Woods and Forefts, robb'd all that pafled thofe 
Ways. Their Infolence was at that Time grown to fuch 
a Height, that they took Sir Robert IVilloughby^ the 
Lord Chief Juftice, then travelling towards Grantbam, 
to put the Statute of Trail- Bajlon in Execution againft 
fuch Malefactors, and forced him not only to pay a Ran- 
fbm for his Life, but to fwear never to difcover them. 
However he complained to the King and Parliament of 
this Villainy, which occafioned the foregoing Regula- 
tions to be made. 

After fettling their domeftic Concerns, this Parliament 
went upon the Confideration of foreign Affairs ; and it 
was unanimoufly agreed, That the Time mentioned by 
the French King, for Edward to join with him in the 
Crufade, was too fhort for that Purpofe. 

Then Sir Geoffry Scrape, by the King's Command, 
told them, ' That whereas, in the laft Parliament at 

* Wejlminjler^ it had been agreed that the Differences on 

* Foot between the Kings of England and France^ con- 
' cerning the Territories beyond Sea, fhould be recon- 

' ciled by Treaty, by Way of Marriage, or by fome p g -. 

* other amicable Manner ; that thereupon the King had * 

* fent his Commiffioners to the French King, who had 

* treated with them, and reported back, that his Maje- 
< fty of France told them, that if it pleafed their Mafter 
' to come over in Perfon, he would mew more Favour 
6 to him than to any other. Wherefore it was necefTary 

* to fend fpcedily to the faid King, and for this End the 
c Advice of the Parliament was demanded, whether the 

* King mould go over in Perfon or not.' The Parliament 
confented to his going, in Hopes that all Obftacles to- 
wards an Agreement between them might be thereby re- 
moved, and much Advantage accrue to the Realm. They 
advifed alfo, th*t the Irijb Expedition might be poflponed 
for this Year; but that an Army ftiould be fent over in- 
to that Country. 

There are fame Obfervations which muft neceflarily 
be made on the Conduct of this particular Parliament, 
hi order to illuftrate our Hiftorical Proceedings. It is 


The Parliamentary HISTORY 

remarkable that this is the firft Time that we can find 
that the Commons ever feparated from the Lords and 
made a diftinct Houfe by themfelves, though without a 
Speaker. Alfo that the lower Clergy were prefent at 
this Parliament, reprefented by their Procters, fat by 
themfelves, the Bifhops included, and not with the Lay- 
Commons, as fome Writers, without any juft Grounds, 
have alTerted. It feems here, likewife, that Juftices of 
Peace, fuch as we have at this Day in Power, were firft 
eftablifhed *. And laftly, that tho' this Parliament did 
not fit a whole Week, yet it {hews how much Bufmefs 
was difpatched in a few Days, when all Things were 
drawn up and ready prepared by the King and his Coun- 
cil beforehand. Yet, tho' the King gave Leave for the 
Knights of Shires, Citizens and Burgefles, with thofe of 
the lower Clergy, to return home, he ordered the Lords 
and his Counfellors in Parliament to tarry longer, to 
liave their Advice in fome other Matters of great Mo- 
ment which he had to propofe to them. 

About this Period an Opportunity offered for this King 

f 217 ] Edward to recover all in Scotland which his Father had 
loft. Some Enghjk Lords, who were Borderers to that 
Kingdom, judged this a fit Time t6 revenge the late In- 
juries on the Scot$) becaufe David Bruce their King was 
a MKnor, and their two great Generals, Douglas and 
Randolf, both dead : Having made the Lord Baliol their 
General, they firft invaded, and then carried on their 
Conquefts in that Kingdom with great Succefs. The 
News of thefe Exploits had not yet reached England', 
. and Edward had called another Parliament to meet on 

Lnno Regn, 6. the ^ of ^^^ k at /^ OT /^ r , the fame Year, 

where the Bifhop of Winchejler, Lord-Chancellor, de- 
clared, ' That the Caufe of their meeting was about 

* the Affairs of Ireland, and the King's going over there 
' in Perfon to quell the Rebels, who had done great 

* Mifchiefs in that Country.' The Parliament adjourn- 
ed to Iburfday following, to confider of this Affair, they 
were alarmed with fome fudden News out of the North, 
which made them fear an Invafion from the Scots ; 
\vhereupon the Lords and Commons did each, by their 


i Called in the Record, Gardeins des Ceuntees, pur k Pees garder, it 
FF.mpefcbement da Mah-'i'ys, &c. 

k Lendtmayntle la Nativitf nctre Dame, par Jour de Mefkeicli flVIecrediT 
<*. Purl. 6 Edw. Hi. in Tituh, 

^/ENGLAND. 235 

feveral Petitions, advife and requeft the King not to go K - Edward Hf. 

into Ireland, but to fend a diffident Supply of Men and 

Money, whilft himfelf marched a ftrong Army towards 

the North, in order to watch the Motions of the Scots. 

For this Expedition the King had a Fifteenth granted A Supply grant- 

him of all the Perlbnal Eftates of the Prelates, Lords, ed for the Reco- 

and Knights of Shires ; and a Tenth of the Cities and ver * of Seotland ' 

Boroughs'" : But they defired, * That the King would 

pleafe to live of his own, without grieving his Subjects 

* by outragious Prizes, or fuch-like illegal Taxations.' 

Hereupon the King revoked the late new Commiflion 

for raifing of certain Tallages or Cuftoms, and promifed 

from henceforth to fettle the fame according to the old 

Rates, and in fome Hafte broke up this Parliament. 

Very foon after this Parliament was diflblved, the 
King removed his Court to York, in order to receive the 
fpeedier Account of the Pofture of Affairs in Scotland. 
Here it was that he met the agreeable News of the Suc- 
cefs gained by the Lords aforefaid ; and that they had 
actually gone fo far as to bring about a Revolution in 
that Kingdom, and to crown Baliol King of Scotand at 
Scoon. Edward, upon this, immediately fummoned a 
new Parliament to meet at York, a few Days before the L 21 J 
Feaft of St. Michael ; but they did not meet till the 
2d of December following n . We find that Sir Geof- 


in In a marginal Note in our Copy of the Records is put, Le 151^6 de 
la Ccmmuniaute et le ic me de Citeys et Bourgt, a Caufe que le Mtrcbands et 
Gens de me/her font riches ea Argent, 

n The King's Letter to the Archbifliops, Biftiops, &c. appointing cer- 
tain Perfons to open this Parliament in his Stead, is as follows : 

Rtx Arcbiepifcopii, Epifcopis, Abbatibus, Prioribus, Ccmitibus, Baroni* 
bus, Mititibus, & omnibus a.'iis, ad in/lavs Parliament um nojirum fummo- 
nitum, conventuris, falutem. 

Quia proffer aliquai certai Caufas fumus ad prtffens preepcditi, qucm:nus, 
ijla Die Veneris, apud locum prtedittum ferfoaaliter accedere -valiamus, 

De Circumfpeftionit & Indnflritf Magnitudinc dileftorum & fdilium no- 
frorum Verierabiln Patris W. Eborum Arcbitpifcopi, Angliz Primatis t 
Magiftri Roberti de Stratford, & Galfridi le Scrope, plenam Fiduiiam ob.- 
tirentes ; eh, & duobut eorum, ad incboandum, Nomine neftro, Parlia- * 

mentum prtedifium, 6f ad faciendum ea jute fro nobit ? per not facienda 
fuerint, ufque Adventum nojirum ibidem, plenam tenure Preefentium commit" 
timui Poteji.item. 

F.t ido vcbii mandamus qut eifdem Arckiepifcepo, Roberto f Galfriilo, 
& duobus eorum , intcndentet Jit is in Preemijjts in Forma pretdifla. 
fa cvjui, fc. 

T'ftt Kege d/></Knare/burgh, frimt Die Deccmbris. 

Per Breve de Private Sigillo. 
fpJ, Ang. Tom IV. p. 539. 

236 ffie Parliamentary HISTORY 

K, Edward ill. fry Scrope was again the King's Prolocutor on this Oc- 
cafion ; and declared the Reafon of that Meeting was, 

* That the King having lately underftood that the Lord 

* Ballol had caufed himfelf to be proclaimed King of 
' Scotland, and that the Truce with David Bruce was 
' newly expired, he demanded their Advice whether he 
' fliould fail upon Scotland, in his own Name, and claim 

* the Dominion thereof as his own Right ; or elfe, by 

* joining with King Baliol, ftiould take the Advantage 
' of recovering the Homage and Services his Anceftors 
' had enjoyed.' But becaufe great Part of the Prelates 
and Clergy were abfent, nothing was then refolved on, 
but the Parliament was adjourned to the O&aves of St. 
Hilary^ or the 5th of January following; the King 
being obliged to fend out frefh Summons, ftri&ly en- 
joining all Perfons to attend, and to delay no longer, or 
hinder, the King's weighty Affairs on any Pretence 

The Parliament This laft Difappointment was entirely owing to Spi- 
adjourned, on ritual Pride; the two Archbifhops difputed about bear- 
Account of a ing of their Crofles in each other's Province. Canter- 
Se fP t U woArchT^O' and a11 his C!er gy refufed to come thither, becaufe 
kifhops. the Metropolitan of York claimed to bear his Crofs equal 

] w le otner m hi s own Diocefe. This Obftinacy in 
the Archbifhop of Canterbury loft the King a fine Op- 
portunity of marching his Forces againft Scotland; be- 
fides the Indignity offered to the King himfelf, and the 
infupportable Trouble and Expence which muft accrue 
to the whole Kingdom by a new Meeting. 

However, at the Time of Adjournment, all appeared; 
and on the firft Day of their Sitting Command was given 
to the Mayor of Tart, in Prefence of the King and all 
his Parliament, to fee the King's Peace kept in the faid 
City and Suburbs thereof, and to arreft all that offended 
againft it : Alfo Proclamation was made againft Wea- 
pons and Plays, by the Steward and Marefchal, before 
the Houfe where the Parliament fat, and by the Mayor 
and Bailiffs in the City. 

After all this Formality, our Records are fhort as to 
any notable Tranfactions of this Parliament. They only 
acquaint us that Sir Gecffry Scrope, by the King's Com- 
mand, declared to the whole Affembly the Circumftances 
of the two laft Meetings, and that the Affairs then treated 


of E N G L A N D. 237 

of were left to a Committee, of which the Bifhop of Win- K Edward III, 

eke/ler was Chief: And two Days after the faid Bifhop, 

from the Committee, declared, That he and they had 

confulted about the King's Claim in Scotland j but, be- 

caufe it was a Matter of great Confequence, they had 

not come to any Refolution about it, only that they 

wifhed the King would take the Advice of the Pope and 

the French King for his better proceeding therein: So, 

after having appointed Wardens of the North Marches, 

the King diflblved this Parliament z . 

Some Chronicles tell us that the Lord Beaumont, the 
Earl of Atkoie^ and feveral other Lords, who had been 
engaged with King Baliol in the Scots Affair, appeared 
at it, being fent by the faid King to ufe all their Interefl 
to engage Edward and the Parliament to declare in his 
Favour. At the fame Time came certain Envoys from 
King David Bruce, to befeech the King that he would 
* give no Affiftance to his Enemy; but rather to aid him, 
4 who was his Brother-in-Law and Ally, with whom alfo 
' he was then at Amity.' 

It does not appear that any direct Anfwer was given to 
either of thefe Petitions ; it is only faid that the King was 
advifed ' not to acT: againft his own Subjects, who had loft 
' all their Eftates in Scotland by the late Articles of Peace, 
' and who had taken up Arms only to regain them h . 

It may readily be imagined, by the Confequences of 
Affairs, that the Politics of thofe Times inclined the 
King to take this Advice: For though he religioufly kept 
the late Treaty with Scotland on his own Part, yet no 
fooner was the four Years Truce expired, but he fent 
Ambaffadors to David, the young King, demanding a - ^ ^ 
Reftitution of Berwick, and that he fhould come and do * 2 ' 
his Homage to the King of England. This being utterly 
denied by David and his Nobility, they declared War 
againft the Scots, and, according to their Inftruclions, 
defied their King. 

For the more effectual carrying on of this War, 
Edward had fummoned a Parliament to meet at York, 
about the Beginning of March 1333 l . Here he ac- 

acquainted At Tart. 

l Et quc h Ro.' void: prendre lavis du Pjpe et atixint du Rat dt Frauncf, 
V. Rot. Par. 6 Edward III. 
h Tjrrel, Bjrnes, and Brady. 
1 On JnLndy jn the f<fton<i Week cf Lent, Walfiigker., p. 133, ' 

238 The Parliamentary HISTORY 

K, Edward 111. quainted them with his Defign of marching direclly info 
Scotland in Perfon, to aflift King Baliol^ and reduce Ber- 
wick to his Obedience j which the whole Aflembly rea- 
dily agreed to. They gave their Opinion, < That the 
' King could no longer, with Honour, put up the Wrongs 

* and Injuries daily done to him and his Subjects by the 
e Scots ; and therefore they humbly advifed his Majefty 
e to provide fuch Force of Men and Arms as might not 

* only reduce Berwick to his Obedience, but alfo compel 

* the King of Scots to feek his Peace, by rendering unto 

* him the accuftomed Homage for that Kingdom : And 

* in this Enterprize they all promifed to aflilt him irt 
Purfe and Perfon.' 

To this Parliament King Baliol had been fummoned^ 
as holding of Edward j but he underftanding that his 
Enemies had laid Wait for him in his Journey, durft not 
come ; but fent a fufficient Excufe by the Lord Beau- 
mont and others, declaring the Reafons of his Non- 
Appearance at that Time : The Apology was accepted 
by the King and Parliament k . 

We fhall refer our Readers to Mr. Barnes's Hiftory 
Scotland regain- f th ' s King's Reign, and the more general Englijb- 
ltd, and King Hiftorians, for the Progrefs of this War. We need only 
BaKol dau HO- f a y tnat Edward furpafled his Grandfather in the Rapi- 
magetoE "*' Jjjjy o f n j s Conquefts ; for in a very fhort Time he had 
over-run all Scotland ', and foon after received Ba Hoi's 
Homage to him, in a Parliament at Edinburgh^ as Sove- 
reign Lord of that Kingdom. 

-AnnoRegniS. Edward, at his Return into-BnglahJ, held another 

At^rork Parliament at York, which had been fummoned to meet 

there February 21, 1334 '. The chief Matters there 

C 221 ] enacted were, ' That the Great Charter and the Foreft 

' Liberties, and other good Statutes, fliould be duly 

* obferved ; and what Claufes therein were obfcurc 

* fhould, by good Advice, be explained : That there be 

* one Juftice of the Peace appointed in every County, 

* who fhould al as Chief: That no Pardon be granted 

' to 

fc Neither this Parliament or the next are entered on the Rolls ; at leaft 
.they are not in Lord Weymoutb's Copy of them. There are a few blank 
Pages left betwixt the End of the Parliament Sin. Reg. 6 to 13, which 
feems as if they were defigned for Infertion: However, in Cotton's Abridg- 
ment of tte Rolls, there is an Abftraft of the Parliament 8 <fo'jr</llf 
from whence we copy our Account of it. 

J Rot, Par, 8 Edward III. 

of ENGLAND. 2 39 

* to any Outlaw, by any fuggeftive Means, but only K, Edw*rd III. 
c by Parliament : That all Men may have their Writs 

* out of Chancery for only the Fees of the Seal, with- 
' out any Fine, according to the Great Charter and this 

* Maxim, 

Nulli vendemus Jufticiam* 

Anfwer. Such as be of Courfe foall continue fo, an& 
fucb as be of Grace > the King will command the Chancellor 
to be gracious. 

' That Bigamy {hall only be tried in a Court Chri- 
ftian: That Remedy be had againft all Oppreffions of 

* the Clergy for Probats of Wills, and Citations for 

Anfwer. The King will herein do his bejl, and charge? 
the Bifoops to do the like. 

There were alfo feveral other A&s made in this Par- 
liament m . 

In the fame Year, after a great Council held at Not- 
iingham^ a Parliament was fummoned to meet at Weft- 
minjler, on the Exaltation of Holy Crofs, or the of 
September n . The Choice of this Feftival almoft de- 
clared the Occafion of the Summons ; which was, ' That 
' the King being thereunto invited by his Coufin, the 

* Duke of Bretaign, who came lately on an Embafly 

* from France^ had formed a Refolution to take a Voy- 
e age with his Brother of France^ and other Chriftiar* 

* Princes, to the Holy Land. He told them the Reafoir 
c he had not anfwered King Philip before, when he ap- 

* plied to him for this Expedition, was, that he had learnt 
4 the French King had fitted out ten great Ships, defigned 

* to affift King David's Party in Scotland: Yet, as thefe 

* Ships had been miferably (battered at Sea, and were 

* forced to return home without any ErTeci, and alfo 

* that Scotland feemed pretty well fettled under the Go- 
c vernment of King Balio/ y he was the more willing to 
e partake with the reft of the Princes in this pious and 
' honourable Knterprize, though he had fet no Time for 
' the doing of it.' 

We cannot learn what Anfwer the Parliament gave The Scots revolt 
to the King on this Declaration; but whether they a 6 ain 


m See the Statutes at large, fob hoc Anno, 
Thb F'arliament is not on the Rolls, 

240 3The Parliamentary HISTORV 

K, EdvwdlVi, agreed to this romantic Project, or not, it was fruftrated 

by Advices out of Scotland which came at that Time, 

intimating that the Scots had again rebelled againft King 

Baliol, had taken fome Englifh Lords Prifoners, and 

defeated their Forces. Upon this News the Parliament 

A Subfidy grant- granted the King a Fifteenth from the Lords and Knights 

"* of Shires, a Tenth from the Clergy, and the like from 

jthe Citizens and Burgefles j after which the Parliament 

oroke up . 

[ 222 ] The jr- n g foon turne( j a jj n j s Thoughts towards Scot' 

Anno Regni 9. land^ and, coming to Nottingham^ iffued out Writs for 

1335. calling a Parliament to meet at York about Whitsuntide^ 

A . in the Year 1335, there to treat how to carry on the 

War againft the Scots. What was done in that Affair 

we know not; for, at the Interceflion of a Bimop fent 

by the French King for that Purpofe, a Truce was 

granted for fix Weeks. At this Parliament feveral more 

Statutes were enacted, very ferviceable to the Peace and 

Welfare of the Realm P. 

The Time of the Truce being concluded the Scoff 
War began again, and continued with great Fury and 
Anno i ^ e | > n V' various Succefs till the next Year; when, at a Parlia- 
ment, or great Council, called at Northampton, "June 25, 
f* Northampton.^ j| n g rece j vec j Advice that the French King had fo 
far efpoufed the Scots Quarrel, as to engage himfelf to 
protect and aflift them, and to that Purpofe had fent 
*b a the over ^ evera ^ eminent Commanders, with confiderable 
* Supplies of Men, Money, and Ammunition. Edward 
was not at all difpleafed with the News, becaufe it gave 
him now a juft Occafion to turn his Arms againffc 
France ; and he hoped alfo that, as foon as ever the 
French and Scots were joined, they would give him 
Battle, which the latter had hitherto induftrioufly avoid- 
ed. Flufli'd with thefe martial Thoughts, Edward pri- 
vately ftole away from his Parliament, whom he left 
at their Debates, and with wonderful Expedition ar- 
rived at St. John/Ion^ in Scotland^ where he found Kind; 


Knygbtan write: that Edward Bafio! came to this Parliament, and did 
Homage to the King of England for the Realm of Scotland. Col. 2565. 
Waljingbam, p. 1 34. 

p See the Preamble and thefe Afts in the Statuta a: hrgc, An. R?f* 
iI. 1335. 

^ENGLAND. 241 

(BaUol ready at the Head of the Forces of both Na- K. Edward HI, 
tions q . 

Here we are obliged again to leave this warlike King 
to his Conquefb, having no Bufmefs with him but in 
his cooler Hours of Parliamentary Councils ; and as 
great Part of his long Reign was fpent in the Scots and 
French Wars, lefs Matter will accrue to us to relate, but 
much more to the general Hiftorians of the Times. L 22 3 J 
However, having again ravaged all Scotland over, from 
Sea to Sea, and finding nothing to refift him, he returned 
into England r , to a Parliament, or Council, which met 
at Nottingham, Sept. 25, this Year. Here Edward ob- At Nottiagbam^ 
tained a new Grant to carry on his Wars in Scotland and 
Gafcoigny^ of a twentieth Part from the Nobility and 
Gentry, a Tenth from the Citizens and Burgefles, and a 
Sixth from the Clergy: Befides, the Merchants of Eng- 
land were taxed to pay 40 s. a Sack for all Wooll tranf- 
ported, and Foreigners 3/. s . 

The next Year we find that a real Parliament was Anno Regnl n; 
fummoned to Wejlminjler about Candlemas 1337 . It '337' 
was here enacted, ' That no Wooll of Englijh Growth At Weflminfteri 
' fhould be transported beyond the Seas ; and that all 
' Cloth- Workers mould be received from whatever 
foreign Parts they fhould come, and fit Places 
c be affigned them, with divers Liberties and Privileges, 

VOL. I. Q^ * and Manufactures at 

q The Writ for conftituting John Archbifliop of Canterbury, then Chan- home, 
cellor of England; Henry Bi/hop of Lincoln, Treafurer ; John Earl of Corn- 
*wall, the King's Brother, his Subftitutes to hold this Parliament, or Coun- 
cil, as it is here called, in the King's Stead, is dated at Nnvcaflle upon Tyt:e t 
June ZO, 1336. Rymer's Feed. Tom. IV. p. 701. 

" Et cum nemmem invemjet impedier.tem, rediit aptid Nottingham, ubi 
ecnceffa eft Rrgi nova Contributio, &c, Knyghton, col. 2568. 

s This Meeting is not on the Rolls. 

t The Writ for fummoning jfcbn Archbifhop of Canterbury to this Par- 
liament, declaring theReafon to be. becaufe the Pope had fent two Cardi- 
nals into England to treat of a Peace, &c. is in the Public ABi, Vol. IV. 
p. 83z. By this it appears that the Meeting was appointed to be the Day 
after Candlemas, and was dated at Weflmlnfter, December 20. 

Poly dare Vergil mentions an Acl pafled this Parliament, not taken Notice 
of by any other Hiftorian ; his Words are, Poft htec et alia ir.itlta ex Reipub- 
licte ufu conftituta, placuit providere ne Opes qux Mercian Ufa in Dies Jin- 
gules in Infitlam inferebantur, aliquando diffifarentur, itaque Lege exceptum 
eft ut nemini Ihmini neque Anglo neque Externo liceret in pojlerum lempu: 
durum, Arger.tum calatum five fgnatum, de Regno in Ccntircntcm cxpcr- 
tare. Quo Fafium eft ut Mercatores extranet Mercium fuarum pretia coaEli 
Jlnt in alias Mercedes infumere. Decretum ijiud etiarr. nunc fcrvatur, ferpe- 
tugtum uti Regno utile ab atits $ui ft.uti funt Re^ibui. Lib. xix. p. 365. 

Parliamentary HISTORY 

K, EdwardlU, 1 and that they fliould have a certain Allowance from 
the King, till they might be fixed in a Way of living 
by their Trade.' 

It was alfo ordain'd, * That none fhould wear any 
Cloaths wrought beyond Sea, or hereafter to be im- 
ported, except the King, Queen, and their Children :' 
Alfo, ' That none fliould wear foreign Furs or Silks, 
% 224 ] < unlefs he was worth one hundred Pounds annual Rent/ 
Mr. Tyrrel obferves here, c That tho', for the prefent, 

* thefe and fuch-like good Laws, made by this King and 

* Parliament, took little or no Effect, by reafon of the 

* enfuing French Wars, yet, by Degrees, they revived 

* the Woollen Manufacture after it had been loft for many 

* Years to this Nation ; from which Time it hath ftill 

* increafed, to the general Advantage of the whole King- 

* dom V 

Befides taking Care of the great Intereft of the Na- 
tion, in the abovefaid Particulars, the King was minded 
to reward paft Services, and therefore feveral new Ho- 
nours and liberal Grants were conferred on thofe Noble- 
men who had ferved him faithfully to that Time. Ac- 
cordingly, in full Parliament, the King created his eldeft 
Son Prince Edward Duke of Cornwall^ being the firft 
that ever wore that Coronet in England: And fix Earls, 
Henry of Lancajler^ Earl of Derby ; William Montacute, 
Earl of Salisbury ; Hugh de Audley^ Earl of Gloucejler ; 
William Clinton^ Earl of Lincoln ; William Bobun, Earl 
of Northampton ; and Robert U/ord, Earl of Suffolk s . 


Tyrrel't Hifiory of England, Vol. III. p. 395. 

The Art of Weaving Woollen Cloth had been brought from Flanders in- 
to England by one John Ktmpe fome Years before ; to whom the King 
granted his Protection, and at the fame Time invited over Fullers, Dyers, 
&e. Feed. Ang. Tom. IV. p. 496. 

TheEngtiJh had then Plenty of Wooll, but no Skill to employ it. Where- 
fore, as by this Aft, Encouragement was given to fuch as had Skill, but no 
Stock, to come out of Flanders and fettle here ; fo, accordingly, many, 
glad of this Opportunity to advance their Fortunes, came into England and 
fettled in great Farmers Houfes at firft, and after removed into Towns, 
from whence feveral Sorts of Woollen Manufactures were maJe amongft us; 
as, at Sudbary, Bays ; at Colcbefter, Says and Serges ; in Kent, Broad 
Cloths ; in Drvonjbire, Kerfies ; in Wain, Frizes ; in Weftmoreland, Ken- 
dal Cloths, &c. Kennet, on Sam. Daniel's Hijl. ofEng. p. 215 ; Note (a). 

See alfo an Order for erecting Looms at Brijtol. Feed. Ang. Tom. V. 
P- J 37- 

* All thefe Crea'ions, with the Grants of feveral Lord/hips, Caftles, 
Rents, fc. for the better Support of thefe new Dignities, are largely treat- 
ed of in Barnes.'* Edw. III. p. ua, 113. This Wiiter from Knjgbten, 


^ENGLAND. 243 

The French War comes now upon the Tapis, in our K Edward in, 
Hiftorians, and does fo employ their Heads and Pens, . , 
in the defcriptional Part of Battles, Sieges, &c. that it is L 5 1 
difficult to lift out a Parliamentary Proceeding amongft 
them : However, we may judge that Edward thought 
it neceflary, before he entered upon this grand Defign, 
to raife Money for that Purpofe ; and accordingly a 
Parliament was fummoned to meet this fame Year, about Anno Regni i j 
Michaelmas ', at Wtftminfttn, where his Intention of I337< 
going ove'r into France was declared. The whole Na- 
tion was then very hearty in the Caufe, and their Re- 
prefcntatives chearfully contributed towards it. The 
Laity granted a Tenth Penny from the Community, and A Su . 
a Fifteenth from the Citizens and Burgefles. Thef or the War 
Clergy were not backward in the Matter, for the Arch- aga'mft Fr, 
bifliop of Canterbury and his Convocation gave a Tenth 
of their Temporalities for three Years. 

Some further Regulations were made in this Parlia- 
ment for the Encouragement of the Woollen Manufac- 
tury ; where it was enacted, That all Flemijb Weavers, 
and thofe of other Countries, fliould have free Liberty 
to come over to inhabit in England, and exercife their 
Trade. From whence, Mr. Tyrrel again obferves, 

* That, even in thofe Times, the coming of Foreigners 

* into England, who brought over with them any ufeful 

* Trade or Manufacture, was encouraged by a Law ".* 

The laft Parliamentary Aids granted to the King be- Anno Regni i 
ing not thought fufficient for the mighty Affair he was J 33 8 ' 
about to undertake, another was called, early the next 
Spring, which met at Wejlmlnfter^ Feb. 3, 1338. Here 
the Laity granted to the King one Half of their Woolls, 
throughout the whole Realm, for the next Summer. 
He alfo levied of the Clergy the whole Tenth, caufing 
them to pay nine Marks for every Pack of the beft 
Wooll j but one Half he took of all Perfons, whether 
Merchants or others, according to the aforefaid Grant ; 
and he took alfo a Fifteenth of all the Commonalty in 
(^2 the 

col. 2569, has alfo added another Ear), the Lord llugb Courtney, an old 
Soldier, near Fourfcore, made Earl of Dcvonjbire. Twenty Knights were 
alfo then created, amongft whom, fays Speed, was Si{ Thomas dt 10 Mort t 
the Author of a Hiftory of hit own Times, often quoted by Hiftorians, 

1 Sept. 27. Statutes at Large, An. 337t 

u rjrrtl, Vol. Ill, p, 399, 

244 ^ P a rt* amentar y HISTORY 

K. Ed-ward III. the Realm, in Wooll, the Price of every Stone, at foiir- 
r 5 -i teen Pounds the Stone, being Crated at two Shillings w - 
The King alfo ifiued out a Commiflion for feizing up- 
on the Eftates of the Lombard Merchants, then in Lon- 
don> who, by reafon of their Extortion in Ufury, were 
become odious and a public Grievance to the Nation. 
All their Jewels, ready Money, &c. were to be delivered 
to the Conftable of the Tower, to be kept for the King's 
Ufe. About the fame Time he feized into his Hands 
the Goods and Revenues of all Alien and Foreign Prio- 
ries, efpecially of the Cluniac and Ciftercian Orders; 
which were immediately let out to farm to thofe Monks, 
who paid a fufficient Rent for them during thefe Wars x . 
The Woolls which were gathered for the King's Ufe 
were fent into Brabant , amounting to 1 0,000 Sacks, 
under the Direction of two Noble Merchants, the Earls 
of Northampton and Suffolk, who fold the fame in Upper 
Germany for 40 /. a Sack, amounting in all to 400,000 /. 
Sterling y , making it evident from hence that the Nobi- 
lity in thofe Days thought it no Difgrace to be Traders 
for the Good of their Country. 

T 227 ] By thefe Means the King became exceeding ftrong in 
the Sinews of War, but the Country was thereby fo ex- 


w JJallingJheacT s Ckron. fiom Caxtott, f. 354. 

Rafin, and his Annotator Mr. Tindal, blunder fo backwards and for- 
wards with their Parliaments about this Time, that there is no making any 
Thing of them ; the Annotator places the King's Commiflion againft the 
Lombard Merchants at the Beginning of the laft Year. P. 417. 

x Mr. Daniel has alfo made an odd Miftake here. He writes that the 
King feized into his Hands the Goods of three Orders of Monks, vix 
"Lombards, Cluniact, andCiftercians ; and his Annotator, Bp., gravely 
. lays, [at the Note (), p. 215] ' That thefe were Cells to the Great Mo- 
nafteries in France. But where either of them found the Religious Society 
of Lombards, in England, we know not. It is certain thefe Lombard, or 
Italian, Merchants, by the Account given of them, were of no Religious 
Society. From hence is deriv'd the Name of Lombard '-Jireet, London, 
where, probably, they all dwelt. 

y Jojhua Barnes. But Knygbtor., with more Probability, fays, That 
the Woolls were fold for twenty Pounds a Sack, and the Money was dif- 
pofed of to pay for the Levies then making in Germany, The fame Author 
has joined Henry de Burgbwajb, Bi/hop of Lincoln, to the two Earls, as 
another proper Merchant for this Purpofe. Col. 2570. 

It feems alfo that the King raifed Money another Way, for he took from 
every County a certain Quantity of Bread-Corn, Oats, and Bacon, of each 
Town according to the Largenefs of them. He alfo took the rich Veft- 
Bients, Silver Plate, and other Ornaments from the Abbies, fife, in or- 
der for this foreign Expedition. From which, fays the Canon of Leicefler, 
arofe great Clamour amongft the People, and Mifchief would have enfned 
If the King had not been guided by better Counsel, Knygkton, col, 2751. 

cf ENGLAND. 24 j 

haufted of Money, that Visuals and other Commodities K Edntard m 
became very cheap. A Quarter of Wheat was fold 
at London for is. a fat Ox for 6s. 8d. a fat Goofe for 
id. and fix Pigeons for id. On the i6th of July, this 
Year, King Edward embarked at Harwich, with a Royal 
Navy of 500 Sail, accompanied with many Earls, Ba- 
rons, &V. to the Number of twenty of the chief Nobility 
of the Kingdom, (all named by Barnes) and, in a fhort 
Time after Landing, he arrived at Antwerp, belonging 
then to the Duke of Brabant ; and whilft he refided there 
People came flocking from all Parts to obferve the 
Magnificence and Splendor of the Englijb Court. 

We now take our Leave of this great King for fome 
Time, our Hiftory ftriclly confining us to Matters on 
this Side the Water j and, fince his Actions and Con- 
quefts in France are abundantly defcribed by all Writers 
of Englijh or French Hiftory, we have lefs Occafion to 
mention them in ours. 

Whilft the King was abfent in Flanders* the young 
Prince Edward, Duke of Cornwall, as Guardian of the Amjo ^ . x f 
Kingdom, by Commiffion from his Father, called a 133 s. 
Parliament to meet at Northampton. The Writs were 
dated Augujl 25, and the Meeting was appointed to be At Northampton, 
fifteen Days after Michaelmas following b . Here was 
granted fuch an Aid as never had been given to any King 
before j and {hews how well this King, and the Caufe 
he was engaged in, was relifhed at that Time by his 
Subjects. Upon every Town a Tax was laid of a 
twentieth Part of their Goods, where the Value amount- 
ed to 20 s. He had alfo granted him all the Wooll in 
the Kingdom, to be bought at a low Price ; which muft 
needs amount to a vaft Proportion, fince only the three 
Counties of Leicefter, Lincoln, and Northampton, afford- 
ed no lefs than 1211 Sacks of Wooll. The Bifhops, 
Abbots, Priors, Rectors, Vicars, Juftices, and the 
Noblemen, &c. who held of him in Capite, and went not 
with him to the Wars, were taxed, fome 100, others 
2OO /. a-piece, according to their Eftates and Abilities. 288]. 
At a Convention, alfo held the firft of Otfober, a Tenth 
was oranted from the Clergy for two Years to come c . 
< 3 Though 

t> Knygbton fays that this Parliament was held in Jdj in Crjjitat 
S. Jacobi. Col. 2571. 
c fcijfgbtett. Col. *$7I. 

346, The Parliamentary HISTORY 

K, Edward III. Though there are not any of thefe latter Parliaments 
entered on the Rolls, yet the near Contemporary Hifto- 
rians mention them as Facts, and are particular enough 
in their Accounts of them. It is probable, in the King's 
Abfence, who carried with him moft of the principal 
Officers of the Crown, the Clerks were more negligent 
in their Duties. This might very well be, when the 
greater Minifters of the Law took that Opportunity to 
neglecl: their feveral Functions ; and, inftead of admi- 
niftering Juftice to the Subject, fet themfelves folely up- 
on robbing and plundering them ; of which an ample 
Account will be given in the Sequel. The young Duke 

AnnoRegnl 13. of Cornwall, Guardian of the Realm, being but then 
I 339- ten Years of Age, called another Parliament to meet at 

At Wejiminfter. Wejlminfter, having received an exprefs Commiflion for 
it from his Father. On the 1 3th of Offober they met, 
and a further Aid was demanded to carry on this impor- 
tant and expenfive War. 

The Proceedings of this Parliament are entered at 
large on the Rolls ', both of the firft and fecond Meet- 
ing of it, and an Abftract from which is as follows : 

At the firft opening, the ufual Proclamation was made 
in the Great Hall at Wtflminfter, and in the City of Lon- 
don, againft wearing of any Kind of Armour, or Wea- 
pons ; of which fome ftrange Particulars are mention- 
ed k . The Bufmefs begun by declaring the Caufes of this 
Meeting, which were faid to be three, viz. For the better 
keeping of the Peace, for the Defence of the Marches 
of Scotland, and for guarding the Sea. But thefe 
were only Pretences ; the main Defign of calling this 
Parliament was to get Money ; for the Archbifhop of 
Canterbury, the Bifhop of Durham, and Sir Michael de 
la Pole, were fent by the King, then in France, to fhew 
the Lords and Commons, ' What he had done beyond 

* Sea, with his Condition there, and the Mifchiefs that 

* had befallen him and his Followers, for Want of Sup- 

* plies from England. That he and others, who were 
' with him, were entered into Obligations for 300,0007. 

* Sterling, and more, towards the Charge of his Auxi- 
' liaries, and that he could not handfomely march from 
' thence without giving his Creditors Satisfaction. Laftly, 

1 Set. Par. 13. Ed-w. III. ' f0f 

k Jrmez Dakc-toun, ne de Plate, tie de Haufargew, ne de Efpeie, r.t * 
long Co:el, ne outre drmefufpetf, &c. 

of E N G L A N D. 247 

c for this Caufe, and for the Maintenance of him and K. Edward in. 

* his Quarrel, which was undertaken by the common 
' Content of them all, and that the Bufmefs he came 
' about might be the more effectually done, he ought to 

* be fupplied with a very large Sum d . 

This Remonftrance was anfwered effectually, for the A farther Gran: 
Aid granted by this Parliament was as large as the King's for the fame Pur- 
Demands. The Nobility immediately gave him every pofe * 
tenth Sheaf, Fleece, and Lamb of their Demefnes, ex- 
cept of their Bond -Tenants, to be paid for two Years e ; 
deiiring, at the fame Time, that the illegal Duties fet f 220 1 
upon Wooll fhould be revoked, and that this Grant 
fhould not turn into a Cuftom f . The Commons, tho* 
they declared themfelves very forward and willing to af- 
fift the King, yet prayed the Regent, ' That he would 
' fummon another Parliament in a convenient Space, for 
they durft not grant any Tax till they had taken the 

* Senfe of their Conftituents about it %, defiring likewife 
' that two Knights of the bell Eftates, in their feveral 
' Counties, ftiould be chofen in that Parliament.' Ac- 
cordingly Writs were iflued out, dated November 16, for 
another Parliament to meet the loth of January follow- 

Prince Edivard, being called over by his Father to 
Antwerp , fix Commiffioners were appointed to hold the 
enfuing Parliament in his Stead. The Particulars of this 
Parliament, with their Proceedings, are fo exactly defcri- 
bed by Mr. Barnes, wherein the great Care which they 
took of the Kingdom in their Monarch's Abfence will 
evidently appear, that we think proper, though fomewhat 
long, to give it in his own Words as follows; efpecially 
fince we have compared them with the Rolls of Parlia- 

' When the Time of the next Seffion of Parliament Anno Regni 14* 
' approached, there were appointed to prefide in it John 34<> 

Stratford, At JFtJiminfter. 

d As his Expences were very great, fo the King endeavoured, during 
that Time, to borrow Money of all the foreign Princes. He did not fcruple 
even to apply to private Perfons, and take up fuch Sums as they wetc wil- 
ling to lend, though ever fo fmall: Nay, he pawned his Crown to the 
Archbifhop of Triers for 50,000 Florins. Rymer't dR> Pub. V, p. ioi 

e En te manfre quele i/s la donent a frinte Efglife, Record P. 

f Thefe illegal Duties, impofed by the King and Council without Par- 
liament, called Mala Toiia, or Maltolt, are mentioned before. See p. 107, 


g En ce cas Us tioferent ajfentir tantqi't tuffent cenftilltr lei Communes dt 
lair fays, &c. Record P. 

248 The Parliamentary HISTORY 

K. Edward 111. Stratford^ Archbifhop of Canter -bury , Lord Chancel- 

' lor; William de la Zoucb^ Archbilhop of Tork^ Lord- 

' Treafurer ; the Dean of York ; Sir John Wilhugbly^ 

' Deputy Lord Chief- Jultice ; Sir John Stonore, Juflice 

Regulations ' ^ t ' le King's Bench; and Sir John St. Paul; any four, 

made by Parlia- ' three, or two of thefe were, by the King's Letters 

xnent, for the < patent, appointed to begin, continue, and end the Par- 

Na C t U ion y du f ring e ' lament, for, and .in the Name of, the King, and the 

the King's Ab- ' Lord Warden of England \ and there to do all Things 

fence j < which the faid Guardian fliould do, untill his or the 

' King his Father's coming. The Commiffion began, 

' Edvardus D. Gr. &V. Filio nojlro cbarijfimo, Guardiano 

' de Angl. and ended, Te/le, Edvardo Duce Cornubiae et 

Com. Ceftr. 

' Thefe Commiflioners aforefaid caufed fundry of the 

* Lords and Commons to aflemble in the Prefence Cham- 
r -I * ber ; before whom, becaufe feveral of both Houfes were 

' not yet come, they continued theParliament, from Day 
' to Day, till the 20th of January, during which Time 
' Merchants, Owners of Ships, and Mariners, did at- 
' tend. The Caufes of aflembling the Parliament were 

* declared to be for granting the King an Aid, for keep- 

* ing of the Sea, and for Defence of the North Marches : 

* Hereupon the Commons required Time to confider 
thereof till the igth of February ; and then they unani- 

* moufly offer'd to the King for Aid 30,000 Sacks of 
Wooll, on certain Conditions. But for the better Ex- 

* pedition, after fome Debate, they yielded to give the 
King prefently 2500 Sacks of Wooll ; fo as, if the 

* King liked the Conditions aforefaid, the fame fhould 

* go in Part of Payment ; if not, they were freely offered 

* unto him. The Lords promifed to fend unto the King 

* to know his Pleafure, and, in the mean Time, they 

* alfo, for their Parts, grant, that fuch of them, or of 

* their Peers, as held by a Barony, fhould give to the 
' King the Tenth of their Grain, Wooll, and Lamb, 

* of all -their own Demefnes h . 

* The Mariners of the Cinque Ports promifed to make 
c ready their Ships before Midlenty viz. Twenty-one 


* We do not find that the Clergy gave any Thing at this Time, and 
folydore Vergil has made an odd Sort of an Excufe for it, Tributum ftafln 
(unfit fol-vcriint, prattr Sacerdotes, quibus parjuti; ejl quo alias illi awtliz- 
res erogarent Petunias, Lib, xix, p. 369. 

^/ENGLAND. 249 

c Ships of their own, and nine of the Thames, and toK. Ed-ward lilt 

* bear Half the Charges themfelves ; the other Half the 

* Privy Council promifed to bear of their own Good- 
c Will to their King and Country ; but not of Duty, 

* or that it fhould ftand for a Precedent. The Mariners 
' of the Weft promifed to fet forth ninety Sail, and ten 

* Ships of the Burden of 100 Tons or more, and to 

* bear the whole Charges, if they could. Twofufficient 
c Scholars were appointed to compute the Charges, the 
' one for the Weft, and the other for the Cinque Ports. 
' It was here ordered, That all Ships of Portfmouth, and 
' from thence towards the Weft, of the Burden of 100 
Tons, or upwards, {hould ride at Dartmouth ; the 
' Admiral to be Richard Fitz-dlan, Earl of Arundel: 

* And that the Ships of the Cinque Ports and the Thames, I 2 3 l . 
being of that Burden, fhould ride at Wtnchelfea ; the 

' Admiral to be William Clinton, Earl of Huntingdon 5 

* the whole Fleet to be ready before the End of Lent. 
' Command was given to the Admirals to ftay all other 

* Ships which might pafs the Seas, and to warn them 

* to go into fafe Harbours ; and to furnifh this Fleet with 
c Soldiers, befide thofe whofe Duty was to attend, and 

* alfo thofe who were preft, general Proclamation was 
1 ordered to be made, That all Perfons who had received 
6 of the King Charters of Pardon, {hould now repair to 

* the Sea-Coafts for the King's Service, on Pain of for- 

* feiting the fame *. 

' The Lord Richard Talbot having, in Parliament, 

* undertaken for the Security of the Town of Southamp- 

* ton, was appointed Captain of the Town, and allowed 

* for that Service twenty Men of Arms, and one hun- 
dred Archers extraordinary at the King's Wages, and 
more upon Occafion. All which Soldiers to have one 
Month's Pay before-hand, and Sir Richard ioo/. by 
Way of Gratuity ; being alfo appointed to fee the faid 
Town forthwith fortified, according to Covenants in 
a Pair of Indentures ; and to levy the Charges on the 
Neighbours bordering thereabouts ; and, if that {hall 
not fuffice, on the Inhabitants. The Bifliop of IFin- 


1 See Knygbtcn for the Guards to the Sea Coarts. 

See the Statutes at large for all thcfc Subfidks, An, Rfg, 14. Edw, lilt 

2 ro ^hc Parliamentary HISTORY 

K.fJwj/rfHI.' cbejler, Adam de Orleton *, the Prior of St. Swltbins 9 
' and the Abbot of Hyde, were ordered to keep at their 
' Manors near Southampton, with all their Powers, to 
be ready to aflift the faid Sir Richard at his Call ; and 

* that all the Inhabitants {hould remain ftill upon the 
4 Place to defend the fame, on Pain of lofing all they 

* had. Sir Richard was to have all the Ammunition 

* and Warlike Furniture of the fame Town, to be de- 
c livered into his Hands by Indenture ; the Sheriff of 

* Southampton having a Writ of Attendance on him for 
232 ] ' Victuals and other Neceflaries ; and two Serjeants at 

* Arms were to provide Timber. 

' Thus much for the Sea and the Coafts. As to the 
f Marches of Scotland, two Merchants of Lynn-Regis, 

* and two others of Barton upon Humber, undertook to 

* deliver 10,000 Quarters of all Kind of Grain at the 

* Town of Berwick^ and in the Road of Leith j every 

< Quarter of Wheat and Malt at 9 s. and Oats, Beans, 

* and Peafe, at 51. To which there was added a Caution, 
that, under Colour of this Licence, they {hould not ferve 

< the King's Enemies. Sir Thomas Rokeby took upon him 

* the Defence of the Caftles of Edinburgh and Stirling. 

' To preferve the IJle of Wight, the Inhabitants there- 

* of, during the War, were relpited the Payment of any 

* Aid to the King ; and that none of them {hould, by 
' any Means, be difpenfed with to travel abroad, or to 

* abfent themfelves out of the faid Ifle ; nor {hould be 
4 impannelled, or warned at any Aflize, or Inqueft, du- 

* ring the faid War : And that due Provifion be made 

* of Wine, Grain, Coals, and other Neceflaries for the 
Caftle of Carijbrook. 

4 Sir John Ferrers, Captain of Jerfey Ifland, was now 

* appointed to fend thither a fufficient Deputy, to whom 
' like Rules were let, and Provifion allowed for De- 

* fence of the fame. 

* On the Back-fide of this Roll are feen the Numbers 

* of fuch Soldiers as were arrayed, and fet out by certain 

* Nobles, Knights, and Gentlemen of the Counties of 
" York, Nottingham, Derby, Lancajler, IV ejlmor eland ^ 

* and Cumberland, by their particular Rates ; which, in 

* the whole, amounted to 7400 Men of Arms, 200 


g Who, tho' principally concerned in the Murder of King Edivard II. 
yet, like a true Courtier, had played his Cards fo well as to be tranftated to 
the rich See otWincbeJler by his Son, Edw. HI, See before, p, 1 79,. 196. 

cf ENGLAND. 251 

f Archers on Horfeback, and 2000 Halbardiers. Thofe K - Edward JUt 

* of the three nrft-named Counties were ordered, at the 

* Cofts of the Country, only to march to Newcaftle upon 
' Tyne ; and they of Jf^eftmoreland, Cumberland, andZ,<?n- 

* cafter, to Carlisle only. And the Captains and others 

' being together to lie and forage upon Scotland) and not [ 233 1 
' upon the Marches of England.' 

No fooner had King Edward carried his Con- 
quefts fo far as to aflame unto himfelf the Style and ^ 
Arms of France, but he caufed his Great Seal to be SFra 
changed, and added the Fleurs de Lts of France to the 
Lions of England. Finding it neceffary for his Affairs 
to return into his own Country, to raife more Money 
on his Subje6ts, he called a Parliament immediately af- 
ter, when the Writs of Summons, directed to all the 
Sheriffs in England, were fealed with his New Broad 
Seal. They were dated at Harwichy Feb. 21, being the 
very Day of his Landing h . 

On the 2gth of March next following the King met Anno Regni 
his Parliament at Wejlminjler ; and it appears by the i 340 . 
Date of the Writs that, in Cafe of abfolute Neceffity, a 
Parliament might be then called within lefs than forty 
Days, tho' the Ufage is otherwife now. The Caufe of 
their Summons was declared to be,' * For granting him 
a great Aid, or elfe he mould be for ever difhonoured, Another Su j y 
and his Lands, as well on this Side as beyond the Sea, vo ted for com- 
in great Danger, if he mould lofe his Allies. That plating the Con- 
he was in his own proper Perfon obliged to return queft ot Fraafe * 
to Brujfeh, and ftay there as a Pledge, untill the 
Sum he was engaged for was all paid. But, in cafe 
he might have a fufficient Aid, all thefe Mifchiefs 
would be prevented, and his Defign, by the Help of 
God, have a good liTue.' Wherefore, at the King'$ 
Requeft, the Parliament having Regard to his Declara- 
tion, granted him the ninth Sheaf, Fleece, and Lamb, 
and the Citizens and Burgeffes the ninth Part of all their 
Goods and Chattels, according to the true Value, for 


h Rjnar's Fa-J. /Ing. Tom. V. p. 170. In the Writ is this extraor. 
dinary Claufe, A'on Mirantei quad Sti/um nojirum confuetum mutjvir:us f et 
Regsm Francias rts facimus ncminari j natn diverfte fubfurt Caude, ftr 
yuas kac facere necejjsrio ttos oforttt, et quas uobit et aliis Prtelatit <t Mag- 
r.2t:b:ts, necr.on Communitatibus ejufdem Regni noftri Anglix addiflum Par- 
'.-, pleniui exponemut. 

Lan di jiti ^^jr^d'An^ltterrc quatarzifmt tt de Fraunce fritter. Rccorti. 

252 *Tbe Parliamentary HISTORY 

K, Ed-wartlll. two Years next coming. They alfo granted a Fifteenth 
on all foreign Merchants that did not refide in Cities 
and Towns ; likewife upon thofe People that dwelt in 
Forefts and Waftes ; and upon all thofe thac lived by 
' *34 ~\ louring at Husbandry; Beggars, Cottagers, and Slaves, 
only excepted : Upon Condition that the King would 

confent to ena& and eftablifh, that from thenceforth no 
Cuftom fhould be taken for one Sack of Wooll but half 
a Mark; and of Lead, Tin, Hides, Leather, or Woolls, 
nothing but the antient Cuftom. Yet, notwithftanding 
they made this Requeft to the King, this Parliament 
unanimoufly granted him, of every Sack of Wooll 40 s. 
of every Laft of Leather 4/. of every three hundred of 
Wooll -fells 40 s. and of every other Sort of Merchandize, 
to be exported, according to their Weight or Meafure ; 
to commence at Eajler this Year, being the Fourteenth 
of the King's Reign, to IVbitfuntlde in the Year enfu- 
ing. From which laft Date, and forwards, the King 
granted that neither he nor his Succeflbrs fliould defire, 
take, nor permit to be taken, more than two Marks for 
Cuftom on a Sack of Wooll, belonging to the Englijh ; 
and of Skins, Leather, and other Merchandizes, ac- 
cording to antient Cuftom. Our Author ', who is 
very expreffive in thefe Taxations, goes on and writes, 
that a Sack of Wooll ought to weigh 26 Stone, every 
Stone being 14. Pounds; and that every Englishman or 
Foreigner, going out of England into foreign Parts,. 
Ihould find good and fufficient Security for the Payment 
of thefe Cuftoms, before his going abroad, viz. That he 
fhould bring back with him a Piece of Silver or Gold 
Plate to the Value of two Marks, for each Sack of 
Wooll, and fo for other Merchandize, as aforefaid, at 
his Return. The fame Piece of Plate to be carried to 
the King's Exchange k , there to receive the Overplus of 
it in coined Money. For this extraordinary Grant to 
the Crown, the King, on his Part, adds our Authority, 
granted many Things for the Eafe of the Public; as, 
pardoning Offenders in Foreft Laws, giving Felons* 
Goods, and many other Matters, as are contained in a 
Charter made for that Purpofe. The Clergy alfo granted. 


* Kr.ygbton. Col. 2576. 

k Knygbton\ Words are here, Ad Efccmbium Regis, which we fuopofo 
was the Exchequer, or Mint ; and that this Law was made in order to eu- 
courage Plate or Bullion to be brought into the Kingdom. 

of E N G L A N D. 253 

the King a Tenth in their Convocation held at London^ K. Ed-ward ill. 
Offober i, for three Years j and that the Tenth of the r , 
prefentYear fhould be paid in afhorterTime than was * 2 ^ * 
appointed : But they flatly denied to give their Woolls, 
as the Laity had done to their no fmall Damage j for 
that Commodity rofe to double the Value in a very fhort 
Time '. 

Another Hiftorian m is ftill more particular in the 
King's Conceffions; and, after faying that, befides thefe 
Supplies, the King, for his prefentOccafions, borrow'd o 
divers wealthy Perfons what Sums they could fpare, and 
that the City of London lent him 20,000 Marks n , he 
adds, ' That, in Confutation of thefe Grants and Con- 
tributions, the King, befides his Pardons to divers 
Kinds of Offenders, remitted all Amerciaments for all 
TranfgrefHons in his Forefts, Reliefs, and Scutage, 
unto the firftTime of his going into Flanders ; befides 
all Aids for the Marriage of his Sons and Daughters 
during his Reign: Pardoning and remitting all antient 
Debts and Arrearages, both of his Farmers and others, 
any ways due, both in the Time of his Anceftors and 
his own, 'till the loth Year of his Reign, excepting 
fuch as were compounded for, and ordered to be paid 
into his Exchequer:' And now, likewife, he confirm'd 
Magna Charta. 

Edward having ftyled himfelf King of France, and 
altered his Arms, his EngUJh Subjects thought them- The Parliament 
felves in Danger of becoming a Province to France, asP" 1 '' 1116 ^ 1 "? 

, . rr i IT i /-> that he would 

being the greater Kingdom ; the Lords and Commons not ma kef- 
therefore befought him, ' That they might be bound to/Wa Province 
obey him only as King of England; and that this Na- * 

* tion mould not be put in Subjection to him as King of 

* France? The King, to give his Subjects entire Satif- 
faction in that Matter, and to remove their Jealoufy, 
gave this Parliament his Letters Patent of Indemnity ; 
which, being fmgular in their Nature, we (hall give, 
tranflated from the Latin Original, as follow : 


1 Hollingjbead's Clron. from Adam Myrimutb, p. 355. 

W Samuel Daniel, in Kennet, p. 216. 

n Fabian, in his Chronicle, has given us the Manner how this Money 
was raifed through the feveral Wards of the City, and the Names of the 
Lenders. This Loan was to Le repaid out of the Money arifing from the 
aforefaid Grant. Fabians Cbron. 

o It was alfo made into a Statute. See Statute} at Ia*pe, jfnno 1 34. J 

The Oftginal is not on the Rolls, only the Preamble to it. 

254 The Parliamentary HISTORY 

K. Edwardlll, EDWARD, by the Grace of God, King of England 
T 236 T an< ^ F rance t Lord of Ireland, to all thofe who thefe 

Letters (hall hear or fee, Greeting. 

The King's De. J7~NOW ye, that whereas feme People do think that> 
elaration that -A- ty rea f on that the Realm of France is devolved unto us 
fiilf continuum- as r; ^ Heir of the fame , and for af much as we are King 
fcfeadeflt. of France, our Realm of England Jhould be in Subjection 
to the King and Realm of France in Time to come ; we 9 
having Regard to the EJlate of our Realm of England, 
and) namely , that it never -was, nor ought to be, in Subjec- 
tion, nor in the Obeifance of the Kings of France, which 
for the Time have been, nor of the Realm of France : And* 
willing to provide for the Safety and Defence of the faid 
Realm of England, and of cur Liege People of the fame, df 
will and grant, and ejlablijh for us and for our Heirs and 
SucceJJors, by Ajjent of the Prelates, Earls, Barons, and 
Commons of our Realm of England, in this our prefent 
Parliament fummoned at Weftminfter, the Wednefday 
next after the Sunday in Midlent, the i^th Year of our 
faid Reign of our Realm of England, and the firjl of 
France, that by the Caufe or Colour of this, that we are 
King of France, and that the faid Realm to us pertaineth 
as aforefaid j or that we caufe ourfelves to be named King 
0/"France in our Style, or that we have changed our Seals or 
our Arms ; nor for Commands which we have made, or 
hereafter Jhall make, as King of France, neither our faid 
Realm of England, or the People of the fame, of what 
EJlate or Condition they be, Jhall, in any Time to come, be 
put in Subjection, or in Obeifance of us, nor of our Heirs 
nor SucceJJors, as Kings of France as aforefaid, nor be fub- 
jeft, nor obedient; but fiall be free and quit of all Manner 
of Subjection and Obeifance aforefaid, as they were wont 
to be in the Time of our Progenitors, Kings of Englandj 
for ever. In Witnefs whereof, &c. 

Mr. Tyrrel has an ingenious Obfervation on fome fur- 
ther Tranfaclions in this Parliament: He takes Notice, 
' That fmce the Aids given in the laft Parliament were 
f 2- 7 ~\ ' no * ^ u ty anfwered to the King by thofe who had the 
.* 37 J * Care thereof, certain PerfonsVere appointed to take 

* the Accounts of Sir William de la Pole, Sir John Char- 

* neL and others, who had received the Money and 


*f ENGLAND. 255 

Wooll formerly given, and they had a Day affigned K. Efaoard HI, 
them to produce their Accounts ; and in the mean 
Time feveral Noblemen and others became bound for 
the Accountants, that they fhould anfwer for what they 
had received. This deferves our Notice, adds he, be- 
caufe it is the nrft Example that we can find, that any 
Money given in Parliament was by them ordered to 
be accounted for to Perfons appointed by themfelves.' 
There was little elfe material done in this Parliament, 
except that the Marquis of Juliers, who had done Ed- 
ward great Service in France, was created Earl of Cam- 
bridge, with a Penfion of iooo/. a-year. 

And as we have compared the before-related Particu- 
lars, taken from antient and modern Hiftorians, with 
the Rolls of Parliament, and found them right, the greateft 
Credit may be given to them. 

In a fmall Time after the lad Parliament the King 
prepared a great Fleet, in order to meet a large one 
which the French had fitted out, and beat them at Sea, 
if he could, as well as at Land. With thefe the King 
went in Perfon, and fet Sail from hence June 22, 1341 ; 
but before he went figned a Commiffion to the Duke of 
Cornwall, &c. to hold a Parliament on the yth of July 
following at Weftminjler ; which being met, the Arch- 
bifhop of Canterbury declared the Reafons for calling 
this Parliament to be, ' Firfl, To confult what further 
Courfe was beft for the King and his Allies to take 
againft France. Secondly, To provide for the com- 
mon Peace, and how to keep good Order at home. 
Thirdly, To take Care for the Defence of the Northern 
Parts. Fourthly, For the Dominion at Sea. Fifthly^ 
How to anfwer to the King the Subfidy laft granted 
him P.' 

On the next Day, being Thurfday, the great Victory 
which the King had lately obtained at Sea was openly 
declared in Parliament, and it was moved by the Chan- 
cellor, ' That^ to go on fo as to perfect thefe happy Be- Farther Granu 
' ginnings, he muft be further enabled with great Sup- for the'fiw* 
' plies of Money : That the King defired their Advice w r 
' how it might be raifed with the leaft Grievance to his 

* People.' 

P On the Rolls this and the laft Parliament are divided into Pan prim* 
et fecunJa ; by which it fhould feem that they were one and the fame Par- 
liament, and yet they bctli begin \vi:h the fame Foinnliiies. 

256 tte Parliamentary HISTORY 

K.dwa nflll.* People.' The Anfwer to this was poftponed till Sa* 
turday; at which Time the Lords and Commons granted 
the King, as in the laft Parliament, the Ninth of their 
Corn, Wooll, and Lamb, and many other ufeful Pro- 
vifoes were made for anfwering the fame. 

F 28 1 "^ e f ame Day came the Earls of Arundele and Glou- 
cejler^ with Sir William Tru/ell S from the King, with 
Letters figned with the Privy Seal, and directed to the 
Lords and Commons in Parliament aflembled ; purport- 
ing his great Naval Victory near the Port of Swyn, or 
Sluys^ and prefiing for a fpeedy Supply of Money to carry 
on the War this Summer with Vigour. 

In Obedience to thefe Demands of the King's, and 
being in exceeding good Humour on Account of the 
Victory, the Parliament went immediately upon Ways 
and Means to fupply him ; and John Stratford, Arch- 
bifhop of Canterbury ; Ralph Stratford^ Biihop of Lon- 
don ; with other Bifhops, Abbots, and Knights, freely 
undertoook, on their own Credit, to raife the King 
20,000 Sacks of Wooll : So that, for every Sack of the 
beft Sort, the King mould receive 67. for others 5/. and 
for the worft four Marks, betides his Cuftom of 401. on 
every Sack ; and of all this Money a fpeedy Return to 
be made to the King. It was ftipulated, however, that 
the Subfidy of next Year mould be employed for the 
Payment of this Loan, and this to be confirmed by the 
King's Letters Patent. 

The Roll gives us an Account of a large Quantity of 
Provifions, which were ordered for the Uie of the King's 
Fleet by this Parliament, viz. 2000 Quarters of Wheat, 
500 of Beans and Peafe, 500 of Oats, 200 of Fitches T 
or Chiches, 800 Sides of Bacon, two Tons Weight of 
Cheefe, and 100 Tons of Wine. Two Perfons, there 
named, were appointed Purveyors-General of the Ports 
of Sandwich and Southampton; and 44007. were afligned 
out of the Aids of the Counties of EJfcx and Oxford for 
the King's Butler. 

The Record is alfo very particular in the Names of 
the Merchants, who were ordered by Writ to attend 
Commiflioners, about thePurchafe of the Woollsafore- 


S Procurator to the Parliament that depofed Ed-ward II. See before, 
p. 185, 203. 

t The Word in the Record is Cifere, which our old French Dictionaries 
translate as above. 

c/'ENGLAND. 257 

faid, &c. but as this is too prolix for our Defign, we K, Edward III, 
fhall give the Reader Mr. TyrreFs Abftract of the reft of 
the Proceedings of this Seffion; and the rather, becaufe 
it tends to illuftrate fome Paffages that will come before 
us in the Hiftory of fucceeding Parliaments. 

' Then it was farther agreed in Parliament, That, [ 2 ia 1 
' for the fpeedy Sale of this Wooll, and turning it into 
' Money, as alfo the ninth Fleece which had been given 

* in the laft Parliament, the Sheriffs fhould be com- 
' manded to fend up from all Cities and Boroughs of 
their feveral Counties, certain Merchants, to appear 
' before the King's Council at Weftminfter^ on the I5th 
of Auguft next enfuing, to treat with them about the 
' buying the faid Wooll in all Counties. Where the 
6 Archbifhop of Canterbury, with fome other Bifhops, 

* Earls, and Barons of the King's Council, there named, 
treated with them, and contracted for a great Number 

* of Sacks of Wooll ; the Money to be paid at Bruges 
' within three Weeks after, or upon the 8th of Septem- 

* ber 9 or elfe upon the Feaft of St. Michael next enfuing 
' at the fartheft. The Merchants of Bardeton and 
' Prujjia contracted for a great deal of this Wooll, and 

* engaged to pay the Money to thofe of Louvain and Ma~ 
c lines ; and feveral particular Perfons are there named, 
' both Almans and others, that had been retained by 
King Edward. The Lords of the Council fent for 

* divers Perfons to account before them, and ordered 
them to return this Money to the King beyond Sea ; 

< but what the Reafon was that thefe Returns were not 
c made to the King accordingly, is hard to determine ; 
c for fome of our Writers lay the Fault upon the Mer- 
chants that were to return the Money ; and others, 

< upon the Knavery or Negligence of the King's Officers, 
who having got thefe Woolls into their Hands, did not 

< deliver them to the Merchants according to Agree- 

< ment 2 .' 

Purfuant to what Mr. Tyrrel relates, the King finding 
himfelf pinched for Want of Remittances, and having 
contracted great Debts abroad, in order to carry on the 
War this laft Campaign, he determined to conclude a 
Truce with France for fome Time, and to go privately 

VOL. I. R back ' 

a See Cotton's Mrid^ment^ p. 30, for an Abftraft from the Record in 
tins Parliament of, what is there called, a fpccial and rare Cafe, JV. 

258 *Tbe Parliamentary Hi s T OK v 

K. Edward IH.back into England to find out the Defaulters, and pu- 
niih them according to their Deferts. Accordingly he 
took Shipping in Zealand, with only his Queen and 
eight more Perfons of Quality ; and, after riding out a 
furious Storm, which held them for three Days together, 
f 240 ] he l andecl &fe at the Tower, about Two o'Clock in 

the Morning, November 30, in the Year 1341. 
K'n re Upon the King's entering the Tower, he found no 
turns home "rl- Guard there upon Duty, and only his Children and a 
vately, to inquirefe w Servants that waited on them ; for which he pre- 
'"Sition rf f the*~ ent ty ^ ent * r the Conftable an( * committed him to clofe 
Supplies 1 , e Confinement in his own Prifon. In the fame Manner 
he ferved the Mayor of London, the Keeper of the Great 
Seal, the Lord Chief Juftice of the King's Bench, three 
Clerks of the Chancery, and one of the Exchequer, who 
having all been concerned in raifing or receiving the late 
Subfidies, foon found Lodgings in the fame Prifon. 
The Bifhops of Chichejler, and Litchfield and Coventry, 
the one his Chancellor, the other Lord-Treafurer, he 
turned out of their Offices and imprifoned for a Time ; 
but durft not detain them, for Fear the Clementine Con- 
Jiitutions, forbidding Bifhops to be imprifoned, fhould 
affea him. But the greateft Ecclefiaftical Perfon he had 
to deal with, in this Affair, was the Archbimop of Can- 
terbury, who he well knew was as culpable as any. Many 
fevere Meflages were fent from the King to the Prelate, 
who had retired to his own Palace at Canterbury, and 
fome as haughty Anfwers were returned. Atlaftthe 
King refolved to lay the whole before his Parliament, 
and to take their Opinions how he ought to proceed. 

AnnoRegni 16. Accordingly a Parliament was fummoned to meet at 
1342. Wejlminjler on Eajler- Monday, April 23, 1342, the 
ler. Caufes whereof were declared to be, * How the King 
6 might be fpeedily fupplied with the Grants given him 

* laft Year, upon his going over in Perfon againft his 

* Enemy, Philip ofFalois, great Part of which was de- 
' tained from him by evil Officers ; and how a fufficient 
' Sum of Money might be raifed for the King's prefent 

* Neceffities.' After which a Declaration was made in 
the King's Name, * That whoever of his Subjects mould 
think themfelves hardly dealt with, either by himfelf 
' or any of his Officers, upon Complaint and Proof made 

* thereof, mould have Redrefs.' 


^ENGLAND. 259 

c To this Parliament the Archbifhop of Canterbury^ Edward III, 
came, though he had no Writ of Summons, attended 
with a great Company of his Clergy and many Knights. [ 241 ] 
Upon his Entrance into the Houfe, the High Steward 
and Chamberlain met him, who, in the King's Name, 
forbad him to enter the Parliament, untill he had un- 
dergone a Trial in the Exchequer, for divers Things laid 
to his Charge. The Archbifhop, left he ftiould move 
the King too much, vouchfafed to go into that Court, Articlespreferr'd 
and there took a Copy of the Articles, of which his Ac- J?i^ f c"rl 
cufation confifted, and to thefe he promifed to return bury on that Ac- 
an Anfwer. Upon which he was fuffered by the King count 
to come into Parliament, and there, before the whole 
Aflembly, he declared the Caufe of his coming to be, 

* For the Honour, Rights, and Liberties of the Church, 
' for the Profit and Commodity of the Realm, and for 
' the Intereft and Honour of the King : And, lajlly^ that 

* he might clear himfelf in Parliament of feveral Crimes 
' laid to his Charge, and publifhed all over England to 
" his Prejudice b .' 

This occafioned a great Debate amongft the Lords 
on the Queftion, * Whether the Nobility of the Land 
6 fhould be put to anfwer, except before their Peers in 
' open Parliament f A Committee of twelve Peers was A Committee of 
appointed to draw up a Reprefentation to his Majefty j twelve Peers ap- 
and they were alfo to inquire concerning the Crimes [J"Jis Conduft? 
laid to the Archbifhop's Charge, and fairly to reprefent 
how far they thought him blameable. Mr. Jofiita 
Barnes^ , who we have before mentioned, and who 
wrote the Life of this great King in one large Volume 
in Folio, has very faithfully collected, from the Parlia- 
ment-Rolls and other Records, fuch Materials as were 
proper for his Purpofe ; and is fo particular in the Sequel 
of the Controverfy betwixt the King and the Prelate, 
R 2 that 

b It was greatly fufpefted that the Archbiftiop, at the Infligation of 
Pope Benedifi Xll. who was a Frenchman, and confequently no Friend to 
Ed-ward's L'onquefts in that Kingdom, had played falfe in this Matter. 
Speed's Cbron. p. 574. 

Collier writes, ThatBurgbwa/b, Bifhop of Lincoln, and Sir Geoffrey Scrape, 
one of the Judges, had an old Grudge againft Archbifnop Stratford, arid 
fcized this Opportunity to pu/h the Advantage againft him. 

See the Affair at Length in the fame Author, where the Peerage of the 
Eifhops, and their Right of being tried per Parti, is learnedly maintained 
apinft the Opinion of Sir Edward Coke, p. 544. 

c Some Time Greek Pro/efibr in the Univerfity of Cambridge. 

260 tyt Parliamentary HISTORY 

K, Edward Ul.tiaA. we cannot do better than give it our Readers in 
that Author's own Words : 

f Whereupon are named four BiQiops, four Earls, 
< and four Barons, to draw up the Platform for the 
' King's View. Thefe being alfo to inquire concern- 
6 ing the Crimes laid againft the Archbifhop, and to 
t 242 ] prepare them for the King, among other Things de- 
' termined, that the Lord-Chancellor, the Lord-Trea- 
' furer, and other high Officers of State, fhould be in- 

* eluded under the Names of Peers, and fet down a R.e- 
' queft, that all Conditions and Eftates might enjoy 

* their proper and peculiar Liberties. By that Time 

* thefe Things were thus forwarded, the Archbifliop 

* came again to the Parliament, but was forbid by the 

* Captain of the King's Guard, Sir William jfttewooet* 

* to enter : Whereupon he fpake thus to the People 

* that flocked about him, " My Friends, the King, by 
" his Writ of Summons, hath called me to this Parlia- 
*' ment, and I, who am the chief Peer of the Realm, 
e and who, next the King, have the firft Voice in Par- 
< liament, claim the Rights of my Church of Canter- 
e bury, and therefore require Entrance into Parliament* 1 .' 
e But when for all this being kept out by the Guard, he 

* could not enter, he took his Crofs in his own Hands, 

* and folemnly protefted, that he would not ftir from 

* that Place, till the King gave him Leave to come into 
Parliament, or a fufficient Reafon why he fliould not. 
While he flood there in this Manner, forne that were by 
began to revile him, telling him that he was a Traitor, 

* and he deceiv'd the King, and betrayed the Realm : To 

* whom the Archbifliop faid, " The Curfe of Almighty 
<c God, and of his blefled Mother, and of St. Thomas, 
c and mine alfo, be upon the Heads of them that inform 
< { the King fo, Amen, Amen" In this Hurry certain 

* Noblemen chancing to come out, he befought them 

* to requeft the King in his Behalf, and for the Right 
4 of his Church of Canterbury ; this they kindly promi- 

* fed him to do ; and accordingly, by the Intercefiion 

* and Favour of the Lords, the King gave Leave for his 

* Admiffion into the Houfe ; where he offered to purge 

* himfelf lawfully in Parliament of the Crimes objected 

' againft 

d lyrrel fays the Archbifliop of Canterbury was not fummoned to this 

of ENGLAND. 261 

e againft him ; but he was referred to the Confederation K, Edward ill, 
' of the twelve Peers, who had his Caufe in Hand at 

* that Time. On the igth of April> being Thurfday % 
' the King came into St. EdwareT* Chamber, commonly 

4 called the Painted-Chamber^ before whom, in Sight r 2 , -j 

' of the Lords and Commons, the Archbifliop humbled 

himfelf, and required his gracious Pardon ; which, 

' upon the whole Parliament's general Suit and Intreaty, 

his Majefty granted. After which the Archbifliop de- 

' fired, that whereas he was publickly defamed through 

* the Realm, he might now be arraigned in open Par- 
' liament before his Peers : But the King anfwered, He 
' would firft attend to the common ArFairs, and after 
that examine lighter Matters. However, a little after, 
' without any more Accufation, or Anfwer, the King, 
' of his own Accord, declared him legally purged and 

* excufed ; his Majefty having no Mind to deftroy fo 
' able a Minifter, but only to humble him and break his 

* high Prelatical Obftinacv ; which, for a while, feemed 

* ready to cope with the Regal Power.' 

A Reverend Writer of Ecclefiaftical Hiftory e has 
gone much farther, to clear the Archbifhop from this 
great Imputation, than Barnes has done i and though he 
may be reprefented as an Author too partial to the Pre- 
lacy, yet we think what he fays has, too much Weight 
in it to be omitted. 

* The King's Complaint agarhft the Prelate in his 

* Letters, the Articles drawn up againft him, and the 

* other Preparations for his Trial, feem only to be done 
' ad faciendum Populum. In (hort, it looks highly pro- 
< bable the young King had either been mifled, or over 
' liberal to his Favourites. Great Taxes had been 
' granted to profecute and make Way for the Title to 

* France^ and yet the People's Expectations were baulk'd , 

* and that Expedition had, by no Means, anfwered up to 
4 the Profpecl and Expence. That the Subject therefore 

* might not be backward to contribute to the Support 
' of the War, it was thought advifeable to lay the pub- 
' lie Mifcarriage upon the Archbifhop: By this Expe- 

* client, the King would be flcreened, the Court lie 

* under Shelter, and the People better difpofed for the 

* Payment of another Tax. And tho' fome fufpecT: the 

R 3 Arch- 

c Ce///Vr's Eicltjiafikal IUJlory, p. 545. 

262 7fo Parliamentary HISTORY 

K, Ed-ward IIJ.< Archbifhop was gained by the Pope to clog the War, 

' by not furnifhing the Money in clue Time, and that 

' he perfuaded the King to drop the Enterprize, and 

' make a Peace ; notwithstanding this Conjecture, I fay, 

,. -i ' there are two Things which go a great Way in the 

- ' Proof of the Archbifhop's Innocence. 

I. ' It is highly probable the King was fatisfied of 

* Stratford's Integrity, becaufe when, upon breaking up 
' of this Parliament, he made another Expedition into 
6 France+\\e took the Archbifhop into Favour, and made 
' him one of the chief Minifters of State. 

II. ' Becaufe, in the next Parliament, held two Years 

* after, the King commanded that the Articles of Im- 
' peachment, drawn up againft the Archbifhop of Can- 

* terbury, fhould be brought into the Houfe to be an- 
c nulled and declared infignificant. The Motive affign'd 

* for this Order is, becaufe the Matter contained in the 
c faid Articles was neither reafonable nor true. Thefe 

* Things put together amount, in my Opinion, to a 

* full Evidence for the Archbifhop's Justification.' 

The farther Proceedings of this Parliament require 
fomewhat more Attention than the former, a Matter of 
great Moment being the Confequence thereof. To clear 
the Way better before us, we (hall fubjoin another Quo- 
tation from Barney in order to lay the Affair more open, 
and do it all the Juftice it deferves. 

' Upon Occafion of the late Conteft, between the 

* King and the Prelate, the Clergy of England^ in this 

* Parliament, made their Requefts to the King, That 

* the Liberties of Holy Church may be kept, and the 

* Great Charter be newly proclaimed, and by Oath 
confirmed. The King anfwered, " That it was his 
" Defire that Magnet Charta fhould be obferved ; but 
*' that it feemed to him fufficient, for either that, or 
" other their Liberties, to be exemplified under the 
* c Great Seal; and that more Oaths were not necefTary ; 
" efpecially fince already too many were forfworn 
" throughout the Land f ." 

' Then they {hewed how feveral of the Clergy were 

* imprifoned by the King's Officers without due Procefs, 


f Mr. Tyrrel, in reciting this Refufal of the King's, on Account of the 
Multiplicity of Oaths, makes this ftrewd Remark, this, by the Way, 

* fliews, fays he, that Oaths taken of Courfe were no better kept in thol's 
' Times than they are in ours j' nor even in Times after his. 

of ENGLAND. 263 

6 and that therefore they may be delivered : To which ^.Ed-ward ill. 

' the King anfwered, " That he intenddd not any Cler- 

" gyman fhould be attached againft Law ; and that he t 2 45 J 

" would be ready to hear, if any was in that Manner 

* c imprifoned, either againft Magna Charta, or the 

" Statute of Northampton." 

' They complain'd further, That feveral of the King's 

* Officers had entered divers Religious Houfes, and ha- 
4 ving, by Oath, extorted a Conieffion of Goods there 
' depofited, carried them away. The King anfwered, 
" That he would not his Officers mould do thus : But 
" that if Laymen, to defraud him, did conceal their 
" Go.ods in tuch Places, then the Privilege mould not 
" avail : For fo the King is wronged." 

c On Saturday following the Lords petitioned, That Petitions of the 

* Magna Chart a might, in all Points, be obferved fo as Lo^ 5 and Com- 
' fuch Perfons, who are neither appealed, nor indicted, mons 

' nor prefented at the Suit of any, and yet have their 
' Goods, Lands, or PofTeffions taken away, may be re- 
' ftored thereto again.' " In anfwer to this the King 
" granted, for him and his Heirs for ever, that if any Per- 
" fon commit any Act contrary to the Form of Magna 
" Cbarta, or. any other good Law, he mall be liable 
" to anfwer it in Parliament, or elfe where he ought by 

The following are tie Petitions of the Commons t with their 
refyeftive Anfwers. 

Commons. * That the Chancellor and other Officers 
' of State, there named in the Records, may, upon their 

* Entrance into the faid Offices, be fworn to obferve the 
' Laws of the Land, and Magna Cbarta. 

King. The King ivilletb the fame. 

Commons. * That every Man, for Debts due to the 
* King's Anceftors, may have therefore Charters of Par- 
don, of Courfe out of the Chancery. 

King. The King grant eib. 

Commons. * That certain Perfons, by Commiflion, 

* may hear the Accounts of thofe who have received 
' VVoolls, Monies, or other Aid for the King, and that 
' the fame may be enrolled in the Chancery. 

Kino;. It p/eafetb the King, fo as the Treafurer and 
Lord Chief Bar an may be joined in the Commijjion. 


264 e ^> e Parliamentary HISTORY 

JFC. Edwardlll* Commons. * That the Ordinance made at Northampton, 

f 61 l That Men of evil Life and Converfation Jhould be attach- 

"" J ed, may be repealed ; becaufe, on Pretence thereof, 

* many honeft Men have been arrefted. 

King, The King doth revoke it. 

Commons. * That many Commiffions, whereby fundry 

* Men have been fined outragioufly by the Commiffion- 

* ers, maybe revoked, and new ones granted to others. 

King. The King is pleafed that the fame Jhall be done 
in the Preface of him, of the Lords, and certain of the 

Commons. * That the Chancellor, and all other OfE- 

* cers there named, may be chofen in open Parliament j 
' they, at the fame Time, to be openly fworn to obferve 

* the Laws aforefaid. 

King. The King yieldeth only thus much, That if any 
fuch Office, by the Death or other Failure of the Incum- 
bent, become void, the Choice to remain folely in the King, 
he taking therein the Affeni of bis Council : But that every 
fucb Officer Jhall be fworn, at the next Parliament, accord- 
ing to the Petition; and that, every Parliament follow- 
ing, the King Jhall refume into his Hands all fuch Offices ; 
fo as the faid Officers Jhall be left liable to anfwer all Ob- 

Which, being ' Hereupon, at theRequeft of the whole Three Eftates 
afientedtobythe* made unto the King, thefe Articles were declared Sta- 

tutes ' SS n the ? ack f the Ro11 doth apP 6 ": Which, 
' with the Conditions, were afterwards re'ad before the 

* King, his Officers being prefent, as the Chancellor, 

* Treafurer, Juftices of both Benches, Steward of the 

* King's Chamber, and others, all which Officers were 
' fworn on the Crofs of Canterbury to perform the fame : 

* Only the Chancellor, Treafurer, and certain of the 

* Juftices refufed the faid Oath, as being repugnant to 
c their former Oath and the Laws of the Realm. How- 

* ever, for that Time, the Statutes and Conditions afore- 
' faid, together with the Commiffions to inquire after 

* Oppreffions, were exemplified under the Great Seal, 

* and delivered to the Lords and Commons. 

. , This extraordinary Conceffion from the Crown being 

I 2 47 J fh us ratified and paffed into a Statute, the King foon 

after fought to revoke, by a Method more extraordinary 

than the Grant -, and which was a Stretch of the Royal 


of E N G L A N D. 265 

Prerogative greater than we have yet met with, fince the K - Edward in. 
Three Eftates of the Realm were eftabliflied : For, 
fhortly after, the King, by Advice of his Council only, 
and without any Parliament, did abrogate what he be- f ^oked byThn 
fore was, as he fays, forced into, and had fuffered to pafs without c'onfeot 
into a Law. This was done by Special Writs, diredled of Patiiaraent% 
to all the Peers, and to all the Sheriffs in England, com- 
manding the latter to proclaim it throughout their feveral 
Divifions. The Writ to the Sheriffof Lincoln/hire is ftill 
extant in the Public Afts g , and in the Statutes at large ; 
into the laft of which Records it got, we fuppofe, by be- 
ing confirmed by Act of Parliament two Years after. 
The whole Writ is tranflated by Barnes, for the Rarity 
of it, as he fays ; but Dr. Brady has given us a Tranfla- 
tion of another, directed to the Archbifhop of Canterbury 
the Original of which is preferved in his Appendix^ % 
which we think is fomewhat more curious than the for- 
mer ; efpecially, fince it plainly proves, contrary to Mr. 
Collier's Conclufions, that the King was not fo well 
fatisfied with the Prelate's Integrity as that Writer would 
have us believe. The Tranllation of the Writ is as 
follows : 

The King to tneVenerable Father mChrift, John Archbijbop 
^"Canterbury, Primate of all England, Greeting, 

<c "^tT THereas fomeTime fince in our Parliament atTheKmg'sWtic 
" V V JVeftminJler, affembled in the ^uindene of totheArchbifliop 
" Eafter laft paft, there were certain Petitions made, ex- '^Jfc***^?' 
44 prefly contrary to the Laws and Cuftoms of England, ^ ,^ s g fo l r s re _ 
44 and not only very prejudicial, hut reproachful alfo to yoking the fame^ 
" our Royal Dignity ; which, if we had not permitted to 
' have been drawn into a Statute, the faid Parliament had 
4 been without Succefs, and diftblved in Difcord, and fo 
** our Wars with France and Scotland, which we princi- p g -, 
" pally undertook by your Advice, had very likely been 
** (which God forbid) in Ruin : And we, to avoid fuch 
44 Dangers, permitting Proteftations of revoking thofe 
" Things, when we could conveniently, that had fo been 
t: extorted from us againfl our Will, yet permitted them 
" to be fealed with our Seal at that Time : And after- 
" ward by the Advice and Aflent of the Eails, Barons, 

" and 

z Fcffi Ang. Tom. V. p. 282. Dated at Wtflminf,tr> Of}. I. 
* rjfy, p. 221, 222 j ill Offend. 88. 

2 66 The Parliamentary Hi s T OR Y 

JC, Edward in, and other wife Men, for lawful Caufes, becaufe our 
" Confent was wanting [0r, as it is in the Revocation di- 
" retted to the Sheriff" 0/" Lincoln, ' becaufe we never 
" confented to the making of the Statute ; but, as then it 
<* behoved us, we diflembled in the Premifles, fcfr. ] we 
" have declared it null, and that it ought not to have the 
*' Name and Force of a Statute. And we underftand 
.'* you have commanded a Provincial Council to meet at 
** London^ on the Morrow of St. Luke next coming , in 
<c which you intend to excite the Bifhops of your Pro- 
" vinceagainftus, and to ordain and declare fome Things 
" prejudicial to us, about confirming the faid pretended 
'* Statute, and for the Enervation, Depreffion, and Di- 
" minution of our Royal Jurifdidtion, Rights, and Pre- 
*' rogatives, for the Prefervation whereof we are bound 
" by Oath j alfo concerning the Procefs depending be- 
" tween us and you for certain Matters charged upon 
" you by us ; and that you intend to promulge grievous 
" Cenfures concerning thefe Things : We, willing to 
ct prevent fo great Mifchief, do ftrictly forbid, that in 
" that Council you dare to propound, or any ways at- 
*' tempt, or caufe to be attempted, any Thing in De- 
* c rogation or Diminution of our Royal Dignity, Power, 
* e or Rights of the Crown, or of the Laws and Cuftoms 
" of our Kingdom, or in Prejudice of the Procefs afore - 
<c faid, or in Confirmation or the pretended Statute, or 
<c otherwife, in Contumely of our Name and Honour, 
* c or to the Grievance or Difadvantage of our Counfel- 
* lors or Servants : Know ye, that if ye do thefe Things, 
*' we will profecute you, as our Enemy and Violator of 
" our Rights, with as much Severity as lawfully we may. 
Witnsfs the King at Weftminfter the iJJ Day of Oc- 

[ 249 ] P r Brady is of Opinion that the Agreement concern- 
ing the chief Officers of State, which the King had, in- 
advertently, let pafs into the Form of a Statute, was the 
Contrivance of the Archbifhop, Bifhops, and Clergy ; 
for it was a great Trouble to them that the Chancellor, 
Treafurer, and feveral other Officers, who were of that 
Order, had been put out of their Places, at the King's 
Arrival in England^ and Laymen placed in their Stead '. 


' Rex Edwardus Angliam intra-vit, Wmijlrcs fuos, viz. Cancellarium, 
'Jbefauranum, et alias amovit, non Clcricas, imo Seculars ad flacitum fuu 
juhjiituit. Walfingham, p. 150. 

^ENGLAND. 267 

< But fince Dr. Brady and Mr. Barnes are reprefented K. Ed-ward ill. 
as Writers too partial to the Prerogative Royal, and as Remarks ^ n , 
thefe later Proceedings, in a Parliamentary Way, with n. 
the King's great Stretch of Power over them, are the 
moft remarkable of any Tranfadions in this Reign, we 
(hall fubjoin Mr.Tyrrel's Thoughts on the Matter; who, 
as he was a Writer apparently fet up to contradict Dr. 
Brady's Notions of Regal Power, the Point in View may 
be the better cleared between them. 

After fpeaking of the King's Writ to the Sheriff of 
Z,;';.v;//7, and giving an Abftradt of that to the Archbifliop 
of Canterbury^ he goes on and fays, 

4 But though it mufl be granted that this was a high 

* Stretch of the King's Prerogative, and fuch as our 
' Times would not bear, yet even then, when neither the 
4 Bifhops, Barons, nor Commons in Parliament, ever 
4 gave their Confents to this Revocation, they were not 
' at all fatisfied with this Precedent ; for in the next 
' Parliament of the feventeenth of this King, this Sta- 

* tute above-mentioned was by them legally made void 
4 and repealed, without any Mention of the King's late 
4 Writ or Proclamation, as appears upon the Statute 
' Roll, though not printed in our Statute Books. 

* This Revocation very well deferves our further Re- 
4 mark ; for fince no more than the King's Writ to the 
4 Sheriff of Lincclnfnire was thought fit to be printed by 
4 thofe who fii ft published the Statutes in England, with- 

* out the fubfequent Statute laft mentioned, it hath been 
4 commonly made ufe of by the high Aflertors of the 
4 Royal Prerogative, as a fufficient Precedent to prove, 
4 that the King alone has a Power to make void and re- 

4 peal any Lav/ or Statute that he (hall judge derogatory [ 250 ] 

4 to his Prerogative, or the Laws- and Cuftoms of the 

4 Realm ; and he needs no more but to fay, as King Ed- 

4 ward did in this Cafe, That he diffemblcd in the Pre- 

4 mifes, and never gave his free Confent, but only to 

4 avoid greater Dangers, or to obtain a Subfidy when he 

needed it to carry on his Wars : But the Lords and 

Commons were not fatisfied with this Doctrine ; and 

tho' they would not quarrel with the King as to what 

was palled, yet it is evident they were not fatisfied with 

his Prerogative in vacating this Statute, or elfe there 

had been no Need for them to have made another Re- 

4 peal 

2 68 

The Parliamentary HISTORY 

K. Edward III. ' peal of it: And tho' the learned Mr. Barnes, in his ela- 
borate Hiftory of this King's Reign, hath been fo can- 
' did as to recite, verbatim, not only the King's Writ of 
' Revocation, but the unprinted Statute laft mentioned, 
yet he looks upon it as a meer Refult of the King's Pre- 
' rogative Royal, in thofe Days efteemed of fufficient 
< Force, and as fuch afterwards confirmed by Act of 
Parliament ; which I can by no Means gather from 
' this Statute, but rather conclude the contrary from 
' this very Inftance.' 

To conclude our Accounts of this Parliament, we 
fhall only take Notice of another Particular, which is, 
that, the Neceffity of the King's Affairs requiring it, 
20,000 Sacks of Wooll were ordered to be tranfported 
beyond Sea, before Michaelmas next coming ; and it 
was provided that no Man before that Time ftiould fend 
over any Wooll, on Pain of thrice the Value, and Lois 
of Life and Member k . 

If our Quotations relating to the Affairs of the laft 

Parliament are thought too long, we come now to a 

Gap of Time in which we can find little to our Purpofe : 

For, except a Parliament, or rather a great Council of 

the Peers only, which the King held at Wejlminfler about 

the latter End of April, in the Year 1341, in which was 

nothing tranfacled worth our Notice, we do not meet 

with another real Parliament called 'till the Year after. 

The King, in this Interval, had been warmly engaged 

in a double War, and had perfonally vifited both France 

and Scotland in a hoftile Manner. The Exploits and 

Succefs of which we muftleave to our Military Hiftorians, 

and come to a Parliament which the Kins called to meet 

at IVeftminfler, April 23, 1343. The Caufes for fum- 

moning, expreffed in the Writ itfelf, being, ' to treat 

and advife with his Great Men what was beft to be 

done in his prefent Affairs ; particularly concerning the 

Truce lately made with his Enemy of France, and 

about the good Government and Safety of his Realm 

and People. 

The Parliament being met, the Lord-Chancellor fent 
for Sir Bartholomew Burgherjh to come into the Houfe ; 
who, having been with the King at the making of the 


k Barnes, Brady, and Tjrrel, from the Rolls. 

251 ] 


At WeJIminfler. 

^ENGLAND. 269 

late Truce, was to declare what he knew concerning it, K, Edward III* 
Whereupon the Knight fpoke to this Purport : ' That 
' after the King had begun the War with France^ by 
4 Aflent of the Prelates, Great Men, and Commons, to 

* obtain his Rights and Inheritance there, he had divers 

* Times patted the Sea with his Army, and, after his laft 
going over, had taken feveral Towns, Caftles, and 

* Forts in Bretagne ; but that whilft he lay at the Siege 

* of Pannes 9 he was defired by the Pope, for the Honour 
c of God and Holy Church, to accept of the Mediation 

* of two Cardinals, whom he fhould fend to him, to me- 
diate a Truce, untill a Peace could be treated of: And 
' then concluded, That the King, perceiving the Truce 

* to be honourable, and advantageous to him and his 

* Allies, afiented to it : That, during the Continuance 
' thereof, a Treaty of Peace might be had, before the 

* Pope, as a Mediator and Friend, but not as a Judge ; 

* which Peace, if good and honourable, the King would 
' accept of; if not, he would purfue his Quarrel. And 
Sir Bartholomew further faid, That becaufe the War 
c was begun by the common Advice of the Prelates, 
' Great Men, and Commons, the King would not treat 
< of, or make, Peace without the like Aflent.' Where- 
fore the Prelates and Great Men were charged to af- 
femble on Thurfday the firft of May, in the White- 
Chamber *, to treat, advife, and agree among them- 
felves, Whether the King ought to fend any Envoys 

to the Court of Rome, to propound his Right before r * 
the Pope, or not? And, in the fame Manner, the Knights * 

of Counties and Commons were charged to aflemble 
in the Painted-Chamber , Chaumbre depeynte^ to treat and 
advife in like Manner, and to report their Anfwer and 
Agreement, in full Parliament, at the fame Time. 

On which Day, the Prelates and Great Men anfwered, 
their Advice was, ' That the Truce was honourable, 
' and advantageous to the King and all his Friends ; and 
' that every Chriftian ought to wifh that the War, which 
' was fo great and hurtful to all Chriftians, might foon 

* end in a Peace : Wherefore they agreed to the Truce ; 

* and that the King fhould fend Mcilengers to Rome, to 

* lay before the Pope, as a Mediator and Friend, but 

* not 

1 En It Ciaumtre llaundt. Now the Court of Reguefts. 

270 The Parliamentary HISTO&V 

K. Edward III. 1 not as a Judge m , his Rights and Demands, in order td 
a Treaty of Peace, according to the Form of the Truce. 
' And then the Knights of Counties came in, and the 
4 Commons, and anfwered by Sir William TrnJJel> in 
' the White-Chamber^ who, in the Prefence of the 
' King, Prelates, and Great Men there, on Behalf of the 
' Knights and Commons, that they were fully agreed the 
' Truce fhould be kept, to the End a good and honour- 

* able Peace might be made : And further, the faid Com- 

* mons prayed the King to fend exprefs Envoys, or Mef- 
fengers, to treat of Peace, as abovefaid ; and, in cafe 
c he could have an honourable and advantageous Peace 

* for himfelf and his Friends, that he would accept of it ; 
' but if not, the faid Commons declared, that they would 

* aid and aflift him, and maintain his Quarrel with all 
their Power V 

It was here alfo enacted, That the Statute made at 
Wejlminjler the I5th of this King, and which he had 
foon after revoked, as has been mentioned, fhould ac- 
cordingly be utterly repealed, and lofe the Name of a 
Statute, as contrary to the Laws of a King's Preroga- 
t 2 53 ] tive. But, fince the Articles there made were thought 
reafonable, it was enacted that fuch Articles, with fome 
others agreed on in this Parliament, fhould, by the Ad- 
vice of the Judges, be made into a Statute . 

An Ecclefiaftical Affair of great Confequence came 
alfo before this Parliament, which, tho' fome what Jong, 
is of too great Concern to be omitted. We fhall there- 
fore give Jo/hua Barnes's Account of it in his own 

TV Commons * ^ n l ^' s P ar li ament it s recorded, That the Commons 

remonftrate ' of England made great Complaint of the Provifions and 

againft the in- < Refervations coming from the Court of Rome ; where* 

Sa^Powi/ b y the P P e took U P beforehand the future Vacancies 

** of Ecclefiaftical Dignities for Aliens, and fuch as had 

1 nothing to do within this Realm. They remonftrated 

' to 

m Come detiant meen jitny, fiat's nofin fas come Juge, ne come Ccmpromef- 
fair. Record. 

n Let diter Communes grantercnt de lui eyder a mayntener fa qverele avt 
tote lour poair. Record. 

o Old Stvtoe writes, that, in this Parliament,^. 1343, the Clergy, that 
were Pofleffors of Lands, granted to the King towaids the War all their 
Jewels and Plate, as well Silver as Gold, befides Horfes, Carts, and Wag- 
gons. Stsivit Cbrtn, p, 2391 

^ENGLAND. 271 

c to the King the manifold Inconveniences enfuing there- K, Edward ill. 
4 by ; as the Decay of Hofpitality ; the tranfporting of 
4 the Treafure of the Realm to the Maintenance of the 

* King's mortal Enemies j the difcovering of the Secrets 
4 of the Kingdom ; and the utter difcouraging, difabling, 
' and impoverifhing of Scholars, Natives of the Land. 
4 Among other Inftances, they alfo fhewed how the 
4 Pope had fecretly granted unto two new Cardinals 

* fundry Livings within the Realm of England, and 

* particulary to the Cardinal of Perlgort above ten 

* Thoufand Marks, yearly Collections. Whereupon 

* they humbly require the King and his Lords to find a 

* Remedy for thefe intolerable Encroachments ; for 

* that they neither could nor would any longer bear thefe 

* heavy Oppreflions j or elfe they defired, that his Ma- 
6 j e fty an d ^e Lords would help them forcibly to expel the 
4 Papal Power out of the Realm p . 

4 The King, in Confideration of the Premifes, willeth 
4 that the Lords and Commons among themfelves, con- 
4 fult of the moft decent and fitting Way, promifing his 

* Confent to any reafonable Remedy. Hereupon the [ 254 J 
4 King, Lords, and Commons, prefently fent for an Act 

4 made at CarliJIe in the thirty-fifth Year of Edward I. 
4 upon the like Complaint; which utterly forbad to bring, 
4 or attempt to bring, any Thing into his Realm, which 
4 (hould tend to the Diminution of the King's Preroga- 

* tive, or the Prejudice of his Lords and Commons q . 
4 And fo at this Time the famous Acl: of Provifion was 
4 made, prohibiting the bringing in of any Bull, or the 
4 like Trinkets, from the Court of Rome, or the ufing, 
4 allowing, or enjoying of any fuch Bull, Procefs, or 
4 any other Inftrument obtained from thence, as there 
4 at large doth appear. This Adi;, however, as one ob- 
4 ferves, could not be agreed to by the Bifhops and the 
4 reft of the Clergy ; but they rather feem'd refolved to 
4 proteft againft it, till the King peremptorily command- 
' ed them to furceafe fuch Prefumption. 

4 However, the Lords Temporal only, and the Com- 
4 mons by themfelves, wrote a Letter to his Kolinefs, the 
4 Purport whereof followeth, from the Orienal French. 


P This hft Expreflion is net on the Record ; th' it is in the 
ment, added, no Doubt, by that 301x1 Proteftant W,i/i.>n Pryna, 
q See the Proceedings upon this Affair, p. 131, 147. 

Vbe Parliamentary HISTORY 

K. Edward III, To the Moft Holy Father in God, the Lord Clement, by 
Divine Providence, of the Holy Roman and Catholic 
Church the Chief Bifhop j his humble and devout 
Children the Princes, Dukes, Earls, Barons, Knights, 
Citizens, Burgeffes, and all the Commonalty of the 
Realm of England, aflembled in Parliament at Weft-* 
devoutly kifs his Holy Feet. 

A Letter to the'' P' ous Difcretion, Prudence, and Equity, which 
Pope thereupon, feem, and ought indeed, to be in you, Moft Holy Fa- 
from the Lords ther, who are fo holy and fo high a Prelate, Head of the 
Common! only, Ho h Church * h whom the Catholic Church and People 
the Lords Sp\ t [-ofGod Jhould, as by the Sun-Beams, be enlightened, do 
tual refufing g' tve us good Hope, that the jujl Petitions hereunder by us 
their Aflent. j fc / ar >j 3 to t fo Honour of Jefus Chrift, of bis Holy Church, 
and of your Holinefs alfo, fiall be of you gracioujly confi- 
dered, and that all Errors and Injuftice /hall be quite re- 
moved ; injlead whereof fruitful Amendment and necef- 
fary Remedies, thro* the Grace of the Holy Spirit, which 
you, in fo eminent a Degree, have received, may be by 
kf 2 55 J you gracioujly ordained and applied. 

Wherefore, Mojt Holy Father, after great Deliberation^ 
we all with one djfint come unto your Holinefs, Jhewing 
and declaring, that the Mojl Noble Kings o/LEngland, Pro- 
genitors to his Majejiy that now is, as alfo our Ancejlors 
and ourf elves too, according to the Grace of the Holy Gbojl 
to them and to us given, every one of his own Devotion 
have eftablijhed, founded, and endowed within the Realm 
of England, Cathedrals and other Churches, Colleges, db- 
beys, Priories, and divers other Religiouf Houfcs ; and to 
the Prelates and Governors of the fame have given and 
granted Lands, Pojfcjffions, Patrimonies, Pranchifes, Ad- 
vowfons, and Patronages of Dignities, Revenues, Offices, 
Churches, with many and divers other Advantages and 
Emoluments ; whereby the Service of God and the Faith 
of Chrift might be honoured and had in Reverence ; Hof- 
pitals and Alms-Houfes, with all other Edifices, Churches 
and Colleges, might be honeftly kept and maintained, and 
devout Prayers in the fame Places made for the Souls of 
the Founders ; and the Poor alfo of the jeverai Parijhes 
conveniently aided and nourijhed : Of all which fuch only 
were to have the Cure, who were able to take Confejjions, 
and were otherwife meet in their ow_n Mother Tongue of 
England, effectually to teach and inform their Flock. * , 

of E N G L A N D. 273 

And forafmuch, mojl Holy Father ; as you cannot zw//K. Edward III* 
attain the Knowledge of divers fitch Errors and Abufes, as 
are crept in among us ; nor yet be able to under ftand the 
Conditions and Cujloms of Places , being yourfelf fo far 
dijlant, unlefs your Holinefs be of others duly informed 
and injlrufted; we therefore, having full and perfect 
Notice and Intelligence of all the Errors and Abufes of the 
fold Places within the faid Realm, have thought Jit to 
Jignify the fame unto your Holinefs, namely, That divers 
Refervations, Provijions, and Collations, by your Apojlo- 
lic Predecejfors of the Church of Rome, and by you alfo 
in your Time, moft Holy Father , have been granted, and 
now more illegally than heretofore, under divers Perfons, 
as well Strangers and of other Nations, as unto fame who 
are our profejjed Enemies, and who have little or no Un- 
derjlandlng at all of our Language ', and of the Conditions 
and Cujloms of thofe of whom they have the Government [ z$6 } 
and Cure ; whereby a great Number of Souls are in Peril, 
many of the Pari/hioners in Danger, the Service of God 
neglefled, the Alms and Devotion of all Men diminijhed^ 
the Hofpitats brought to Decay, the Churches, with their 
Appurtenances, ruin' d and dilapidated, Charity 'ivaxeth cold \ 
the good and hone ft Natives of our own Country unad- 
vanced, the Charge and Cure of Souls unregarded, the pious 
Zeal of the People retrained, many poor Scholars of our 
own unpref erred, and the Treasure of the Realm exported^ 
again/I the Mind and Intention of the Founders. 

All which Errors, Abufes, and Slanders, moft Holy Fa- 
ther, we neither can nor ought any longer to fuffer or en- 
dure ; wherefore we moft humbly require your Holinefs y 
that the Slanders, Abufes, and Errors, which we have de- 
clared unto you, may, of your own great Prudence, be 
thoroughly confidered ; and that it may pleafe you, that 
fuch Rcfervations, Proviftons, and Collations may be ut- 
terly repealed, that the fame, from henceforth, be no more 
ufed among us ; and that fttch Order and Remedy be forth- 
with taken therein, that the faid Benefices, Edifices, Of- 
fices, and Rights, with their Appurtenances, may, by our 
Countrymen, to the Honour of God, be fupplied, occupied^ 
and governed. And that it may further pleafe your Holi- 
nefs, by your Letters, to fegnify unto us, without Delay 
cr further proiracling of Time, what your Pleafure is 
touching this lawful Requeft and Demand, that we may 

VOL. I. "S tiK- 

The Parliamentary HISTORY 


K. Edioard III. diligently do our Duty herein for the Remedy \ Correflion, 
and Amendment of the Enormities above fpecified. In 
Witnefs whereof^ unto thefe Letters Patent we have fet 
our Hands and Seals. Given in full Parliament at Wejl- 
minjler^ the i8th Day of May, An. Dom. 1343. 

Mr. Barnes proceeds and tells us what Reception this 
extraordinary Letter met with from the Pope, which was 
delivered to him by Sir Jfbn Shoreditch, fent on purpofe 
to Avignon. He gives us alfo the Anfvver the Holy Fa- 
ther returned to King Edward about it ; as alfo the King's 
Reply to the Pope ; which laft that Author calls ' a moll 

famous Epiftle, in Defence of the Church of England? 

againft Papal Encroachments; which was of fuch Force, 

adds he, that neither the Pope nor his Cardinals could 
[ 2 57 ] tell how to anfwer, and they were obliged to comply 

with the Terms of it for that Time r .' 
In this Parliament the King created his eldeft Son 
Prince of Wales, inverting him with a Coronet, a Gold 
Ring, and a Silver Rod. He alfo gave him fevera*! more 
"Lands and Revenues than he enjoyed before, the better 
to fupport this new Dignity. 

Before we take Leave of this Parliament it would be 
ungenerous not to take Notice of what a late Hiftorian * 
has given us, by Way of Remark, on the Tranfa<5Uons 


* The Pope's Provisions were thus made : When any Bilhoprick, Ab- 
bey, or good Benefice was likely to be void, the Pope having Notice of it 
fcy foine of his Agents here, would, by an Al of Provifion, predifpofe of 
fuch Places to fuch Foreigners as he pleafed j whereby Patrons were de- 
feated of their Prefentations, and Englijbmen of their Preferments, unlefs 
they would buy off the Provifions. Kenneths Hiftory of England, p. 220. 
JJote (i>). 

Another Clergyman of the Church of England writes, ' That the En- 
' croachments of the Court of Rome, with reference to Provilions, were 
' now grown to a fcandalous Excefs : For, at almoft every Vacancy, the Pope 

* pretended to fill the See upon the Score of Refervations. Thus the Right 
' of Elections was overborne, and Biihopricks often beftowed upon ignorant 

* and unqualified Perfons. The former Popes managed this Licence with 

fome Temper, and were injurious, as one may fay, within a Rule : But 
< at laft that Court grew altogether arbitrary and abfolute, and over- ruled 
' every Thing as they thought fit; fo that, had they not received a Check 

from the State, they would perfectly have mattered the Er^lijb Hierarchy, 
and had all the Bifliopricks at their Difpofal.* Collier"* EcclffiafticalHi- 
Jiory, Book VI. p. 531. 

A Tranflation of the King's Letter to the Pope, on this Occafion, is ia 
the fame Hiftory, p. 546. 

The Rev. Mr. Carte. And to do Juftice to that Author, though he 
is dead, he has been more exact and fmgular in his Extracts from Parlia^ 
. mentary Records, fife, than any other general Hiftorian, either before or 
fisce his Time, 

^/ENGLAND. 275 

Of it. After obferving the different Places of Meeting of K. Edward HI. 

the Lords and Commons as above, he adds, ' It may 
not be improper to obferve, that though frequent Men- 
tion is made in former Parliament Rolls, of the four 
Orders, Prelates, Barons, Knights of Shires, and 
Citizens or Burgefles, confulting each apart by them- 
felves, yet this is the firft Time that thofe Rolls make 
a clear Diftin&ion of the two Houfes, as formed at 
prefent, and fpeak of the Knights of Shires as fitting 
in the fame Chamber with the Reprefentatives of Bo- 
roughs. This might poffibly commence a few Years 
fooner, though not taken Notice of in the Rolls; which, 
omitting the Circumftances of what paffed in the inter- 
mediate Seffions of each Houfe, relate only the Tranf- 
a&ions of Parliament-Days, i.e. fuch Days whereon 
the King was prefent : And accordingly both Houfes 
were, on this Occafion, ordered to report their Advice 
on May i, in the faid Parliament, to the King then pre- 
fent. This was done by each feparately in the White- 
Chamber ; the Lords Spiritual and Temporal firft de- 
livering their Opinion, as the Knights of the Shires and 
Commons afterwards did theirs, by the Mouth of Sir 
William Truffel.' 
The fame Author adds, from the Rolls of Parliament 

and other Records, ' That the King afking the Com- 
mons if they had any Grievances, to complain of, or 
had fuffered any Opprefiions, whilft he was either 
abroad or at home ; they defired, by Way of Redrefs, 
that a Commifllon might be given to Juftices, to be 
chofen by both Houfes, and fworn before the Lords 
and Commons, to keep the Peace, and to do Juftice 
in the Counties ; to require, hear, and determine, of 
Felonies, Confpiracies, Champerties, Breaches of 
Peace, Lands amortifed without Licenfe ; the melting 
of Gold Coin by Goldfmiths, the carrying it out of the 
Land, and bringingback bad Money by Merchants; the 
Provifiorts and Ufurpations of the Court of Rome, and 
other Articles ; which was accordingly iffued. But the 
People in general fuffered fo much from thefe newCom- 
miffioners, though chofen in Parliament, that, upon 
an Application to the Throne, it was vacated in the 
next Seflion ; fo dangerous is it to deviate from antient 
Ufages on the moft plaufible Occafion, and to adopt 
S a 'new 

276 ^ Parliamentary HISTORY 

K. Edward HI. new Inftitutions, before they are well confidered ancf 
' digefted. The Remedies propofed for Amendment 
' of the Coin were, the flopping of the Importation of 

* bad Money, by fevere Penalties, and a ftricl Search 

* at the Ports ; the making of new Silver Sterlings, for- 
bidding them to be carried abroad, and no other to be 

* current ; and the coining of Gold Florins of the fame 
' Weight, Alloy, and Value with thofe of Flanders, that 

* they might pafs alike in both Countries V 

The next Year the Truce having been broke by King 

Philip^ by the barbarous Execution of fome Noblemen, 

Edward's Allies, he again refolved to renew the War 

with the utmoft Vigour againft France. To enable him 

AnnoRegni 18. the better to carry it on," the King calls a Parliament 

I 344- to meet at Wtjlminjler^ June 7, 1344; the next Day 
after their Meeting, the Names of the Lords were read 
over and examined before the King in Parliament, to 
fee who appeared and who failed ; and the Names of 
fuch as did not come were given to the King in Wri- 
ting, to punifh as he pleafed. 

On Thurfday after, the Lord-Chancellor, in full Par- 
liament, the King and the young Prince of IVales being 
prefent, declared the Caufe of this Summons to be, 

* Concerning the late Truce with France^ and the Breach 

* of it by the French King, of which he gave feven par- 

* ticular Inftances. He defired the Three Eftates of the 

* Realm to confider of thofe Things, and that they would 

* give the King fuch Advice and Afliftance as was ne- 

* ceffary for the faving of his and their own Rights and 

* Honours.' 

f 2 5& ] The wn l e AfTembly prayed that they might have 
Time to deliberate of thefe Matters till the Monday next; 
and, upon another Petition, they were again refpited to 
the Wednesday following. On that Day a felea Com- 
mittee of the whole Body, confiding of the Archbifhop 


t Knyghton remarks, that Gold Coin was firft ftruck and rrade cur- 
rent at this Time: His Words are, Eodem Temfcre Nobile, Obolus, et 
Ferthing, de Aura cceperunt forere in Regno ; uncle in eidem Parliament!) 
rdinatum eft quod nullui de Communibus artaretur capere de nova Mo- 
neta Auri quod Rex crdina-vcrat de nova travfire per Medium, et in qua- 
cutique Solutione, cilra Soluticnem et Sutnmam 20 s. Et quod Moneta Auri 
et Argenti fiat conjimili JWodo et Forma et Pondcre apud L'ooracum, et alias 
Clvitates ubi fo/et fore, ficut ad Turrim .Londinenfem ; et quod Efcambium 
Jlfenette ejfel in magnii Civitatibut et /7//, Knyghton, col, 2584. 

of ENGLAND. 277 

and ten other Bifhops, five Abbots, two Priors, eight K EJiuard HI. 

Jtarls, and fix Barons, being ail named in the Record, 

with the Commons of the Realm, waited on the King 

in the White-Chamber at Wejlminjler^ and declared in 

his Prefence, ' That having Regard to the great Mif- 

' chiefs and Dangers that might affect his Majefty and 

* all his Subje&s and Allies, ff the Malice of his Adver- 
' fary was not flopped ; and confidering the heavy Char- 
' ges which the Lords and Commons of England had 
' been at , and differed, by reafon of the War continu- 
' ing fo long, by falfe Truces of Sufferances ; and fee- 
' ing that an End of the War, or an honourable Peace, 
' was not to be obtained without great Power and Force, 

* they therefore pray the King, with one Accord, and 

* every particular Peer by himielf, that he would make 
' a fpeedy End of this War, either by Battle or a pro- 
' per Peace, if fuch might be had : And that, when the 

* King fhould be ready to crofs the Seas, to take what 

* God fhould allot him, upon the I flue of this Affair, 
' he fliould not, for the Letters or Command of the 
' Pope, or any other, lay afide his Voyage, untill he had 

* made an End, one Wayoranother,ofthis tedious War.' 
To all which Prayer the King readily aflented. 

But the Parliament rightly judging that this Affair 
could not be brought about without a large and fufficient 
Aid, the whole Body of the Clergy, for the Province of 
Canterbury^ by their Prelates and Pro&ors, taxed them- A<gu j vanu 
felves in a triennial Tenth. The Commons granted the e dfo7t P heFr^ri 
King, for the lame Caufe, two Fifteenths of the Com- War. 
monalty of the Land, and two Tenths of the Cities and 
Boroughs. Soon after the Commons gave another Fif- 
teenth Penny of their Good?, and one Tenth more on 
Cities and Boroughs ; obferving, at the fame Time, to 
their Sovereign Lord, That this laft Grant was harder 
to bear, by his poor exhaufted Commons, than four 
Fifteenths would have been heretofore : But on thefe 
Conditions, That the Money arifing fhould be rightly 
applied to the Ufes of the War ; and that the Prince, 
or one other of the King's Sons, fhould be joined to Sir 
Edward de Baliol to guard the Marches of Scotland^ &c. 
To all which the King aflented. Many of the Lay Lords 
agreed to pals over the Seas, and adventure themfelves 
with the King, and are therefore not found upon the Roll 
83 as 

278 *Tbe Parliamentary HISTORY 

K. Ed-ward ill. as taxed ". Several A6ts were done in this Seflion ; bur, 
as they are chiefly on fome Ecclefiaftical or private Af- 
[ 259 ] fairs, we refer to the Statutes at large for the Particu- 
lars w . 

[ 260 ] The King having provided for the Settlement of Ju- 

ftice during his Abience, and left the Regency to his fe- 

And appoints his cond Son, Prince Lionel^ appointing the Archbifhop of 

/R " n '"' Canterbury^ and others of his Council, to affift him, he 

took Leave of his Queen, and, accompanied with his 

Son the Prince of Wales, together with moft of the chief 

Karis and Barons of England^ befides many Knights and 

Gentlemen of the beft Quality, who were bound by their 

Tenures to attend him, went to Southampton ; where, 

muftering up all his Officers, he made a fhort Speech to 

them, which was afterwards communicated to the whole 

Army, to this Purport : ' He fet forth his Title to the 

' Crown of France, and the Juftice of his Arms, defiring 

* them, upon their Landing, to behave themfelves like 

' Men j and that, fince he relolved to fend back his Fleet 

f 261 ] c as foon. as he arrived in France, if any Man's Heart 

' fail'd him he might fray in England.' To which they 

anfvvered with one Confent, * They were all ready to 

* follow him, even to Death itfclf.' 

This Digreifion we hope may be pardonable, fince it 
is all we (hall fay of this great King and his warlike Ex- 
pedition, which takes up many Folio Pages in the larger 
Hiftories of thefe Times. But in his Abfence, how- 
AnnoRegni2i. ever > the young Regent and his Council furnifti us with 
1347. new Matter both for Connection and Purfuit of our own. 
rt A Parliament was called to meet at IVeJlmmJler on the 
Monday next after Lady- Day, in the Year 1347, Anna 
.Regni 21. 

This Parliament was opened with the ufual Forma- 
lities at that Time ; as, a Proclamation againft, wearing 
of Armour and ufmg of Games in and about IVejlminjhr 
during the Seilion ; a Time was appointed for all fuch 
as had any Petitions to exhibit; the Receivers alfo and 
Tryers were conftituted toconfidertheContentsof them, 


Brady and Tyrrel. Rot. Par. 18 Ed-^ HI. N. 5 to 10. See the 
Statutes at large, Anno 'Regni 18 Ediv, III. 134-4.. 

In Confideration of the Aid granted by the Clergy at this Time, the 
Liberties of the Church were further explained and confirmed by an Al 
of Parliament. See Collier'' s Ecdejiajiica! Ilijiarj, p. ^48. 
wp. 3 c 4 . 

^/ENGLAND. 279 

referring to England, Ireland, Wales, Scotland, Gafcoigny, K Ed-ward III, 
and other foreign Countries and Iflands. Sir Thomas 
Drayton was appointed Clerk to this Parliament ; but, 
becaufe feveral of the Lords and Commons were not 
yet come up, they adjourned to the Day following. At 
which Time, the Houfe being further informed that Sir 
Bartholomew Burgherjh and Sujohn Darcy, Lords Cham- 
berlains, Mr. John Thore/by, and Mr. John Charleton, 
were arrived as Meflengers from the King then lying be- 
fore Calais, and fince they could not be ready to make 
their Appearance before the Wednefday next, the Houle 
adjourned again to that Day x . 

The Day being come, a Declaration was made in 
open Parliament, that the Reafons of their prefent Meet- 
ing were, ' Becaufe the King, fince his pafling the [ 262 ] 
Sea, and his Attempts in France, was now uncertain 
of his Condition ; and that, according to the Iflue or 
Exigence in Affairs abroad, Matters might be con- 
certed at home for the Safety of his Majefty and the 
common Peace and Wealth of his Kingdom ; which 
laft wasvifibly damnified by the Sufferance of falfe Mo- 
ney to go current in it.' 

Then was produced the King's Letters Patent, as Me flengers f ent 
Credentials, in which the aforefaid Declaration was, to the Parlia- 
verbatim, exprefled, dated at the Siege of Calais ; which mei ? r ' to ac * 
being read in open Parliament, Sir Bartholomew Burg- ^y^n^^^. 
her/J), for and in the Name of himfelf and the reft of cefs in France. 
his Colleagues, in the Prefence of the Regent and the 
Three Eftates of the Kingdom, declared the good Suc- 
ceis of the King fince his Ariival at La Hogue, in Nor- 
mandy , as in furprizing and taking many Towns and 
Caftles of War, as well at Caen as elfewere ; and alfo 
of the great Victory obtain'd at Crejjy, where the whole 
Power of France was difcomfited ; and how the King 
was now come before Calais, from whence he intended 
not to depart, till, by the Help of God, he had won 
the fame ; after which he intended to purfue the Enemy, 
without Return, till the War (hould be fully ended. 
This done, he produced the Copy of an Order, made 
by the King of France, in reference to his Son the 


x The King's Letters Patent for appointing thefe Commifiioncrs is da- 
ted "Juxta Calefiurn ofla-vo Die Scptembiis. BurgbcrJJj and Darcy were hjs 
two Chamberlains ; Thorcfiy was Keeper of the Privy Seal, and afteiward.S 
Archbiihop of Turk. Itcd. dng, Tom, V, p. 52$, 

280 The Parliamentary HISTORY 

K, Edward III, Duke of Normandy, and others, Nobles of that Country $ 
which was particularly recited, beinw called the Ordi- 
nance of Normandy, and was to this Effect : * That the 
Duke of Normandy mould pafs as Chief, with other 
Nobles of that Province, into England, with 4000 
Men of Arms, Knights, Efquires, and Perfons of good 
Eftate, and 40,000 Footmen, Methods being there 
prefcribed for keeping the Sea ; and an Order alfo ad- 
ded, that the faid Duke fhould remain in England with 
the faid Forces, for the Space of ten Weeks. And in 
Cafe the Realm of England mould, in this Expedition, 
be conquer'd, that then the Conqueft mould folely be 
to the Name, Honour, and Advantage of the faid 
Duke, and all whatfoever the King of England at that 
Time had there, mould remain entirely to the faid 
Duke, and the Knights and Lords with him. That 
all that which belonged to the Nobles, and Secular 
Perfons of England, fhould be beftow'd on the Churches 
and famous Towns in Normandy : only, out of the Re- 
venues of the Church of England, the French King 
flialj receive yearly 20,000 /. Sterling, faving the Rights 
of his Holinefs. And that, laftly, Surrender be made 
unto the Scots of whatfoever hath at any Time been 
taken from them, and annexed unto the Crown of 

This Inftrument was made and dated, as appears by- 
the Copy upon the Rolls, from the Caftle of Bets 
de Fincennes, March 28, 1338 ; which (hews that an 
Invafion of England had been long premeditated by the 
French, and that Edward's turning theTables upon them 
was rightly timed, and his Quarrel juft. It is faid to 
have been found amongft the Archives at Caen, in Nor- 
mandy, and muft give great Indignation to an Englifo 
Parliament, to find, by it, that the French were thus di- 
viding the Lion's Skin amongft them before he was 
ilain. But they foon found the contrary to their Coft; 
and, inftead of invading other Countries, that they were 
not able to preferve their own. But to our Parlia- 

The faid Mefiengers, by the Mouth of Sir Bartholo- 
mew Burgher/h, requir'd to know what Aid they thought 
fit to grant to the King, toward the Furtherance of his 
Enterprises and the Defence of the Realm : In Anfwer 


of ENGLAND. 281 

to which the Commons, having defired Refpite for their K. Edwardiu* 

Anfwer till the Tburfday next enfuing, declared on the 

faid Thurfday, by a Schedule at large, the fundry parti- A Subfidy grant* 

cular former Aids they had given, the Impofition of 40 s. ed for tb War, 

Cuftom of Wooll, extorted of them againft Law, befides 

the great Charge they had been at in the arraying of 

Men, and common taking of Purveyors: Notwithftand- 

ing which they freely granted the King two Fifteenths 

in two Years, fo as that, if within two Years the Wars 

fliould ceafe, then the latter Fifteenth to ceafe alfo. 

After this follow the Petitions of the Commons with And Petitions 
their Anfwers, made by Prince Lionel, by Commiffion^ c n e te ^ e ^* 8 
from the King, in the King's Name, in Manner fol- 
lowing, viz. 

Petition. t That all A6r.s of Parliament, not repeal- 
c ed, may be fully and entirely obferved, fo as there pafs 
' forth no Commiflions of Array. 

Anfwer. The firjl Point the King grants ; of the reft 
be will be advifed. 

Petition. ' That fuch as were fined for not arraying 
c of Men may be difcharged. 

Anfwer. The King will take Advice. 

Petition. ' That all within fix Miles of the Sea may 

* have a Superfedeas for arraying of Men. 

Anfwer. Only fucb as keep the Sea-Coafts Jhall have a 
Superfedeas. // is enabled that the Coinage in all Places 
JJjall be open as heretofore : Item, that thofe who import 
falfe Money into the Realm Jhall forfeit Life and Limb, 
and that the Jujliccs of JJ/ize, and of the Peace, fiall ,[ 264 ^ 
inquire thereafter. 

Petition. * That the King's Receivers may receive as 
e well Gold as Silver ; and that the Changers thereof 

* be not without Parliament. 

Anfwer. The fir ft is granted ; the other refpi ted. 

Petition. ' That the 40*. Subfidy of every Sack cf 
' Wooll may ceafe. 

Anfwer. The King's Mind mujl be known firft. 

Petition. c That Payment may be made for the laft 
' taking up of Victuals. 

Anfwer. Order foall be taken for that. 

Petition. c That the Chief of every County may be 

* Juftices of Peaces a d that they may determine all 
' Felonies. 


282 be Parliamentary HISTORY 

K, Edward III. Anfwer. The firjl is granted : For the fecond the 
King will appoint Jujiices learned in the Laws. 

Petition. ' That the keeping of the Sea be at the 

* King's Charge thenceforward. 

Anfwer. The Sea Jhall be kept, as it hath been here- 

Petition. ' That Sheriffs in every County may have 

* fufficient in their Counties ; and that none of thofe 

* Offices be granted for Life, or in Fee : Item, that Pur- 
' veyors, who have not the Conftables with them, ac- 

* cording to the Statute of Weftminjler, may be looked 
' on as Thieves ; and that Juftices of Aflize, and of the 
' Peace, may inquire of the fame. 

Anfwer. The Statute made fliall be observed. 
Petition. * That the Fifteenths in Towns and an- 

* tient Demefnes be levied, as in the Bodies of Counties, 
without Increafe. 

, Anfwer. They Jhall be levied after the accttftotned 


Petition. * That all Juftices of the Inqueft may be 
' fworn as Juftices of the Bench ; and that the Chief 
' of them may have Power to fwear the reft. 

Anfwer. Such "Juftices Jhall be fivorn as ought to be j 
fo as they take nothing but Meat and Drink, and that of 
fmall Value ; and the Chief JJiall be impowered to fwear 
the reft. 

Petition. That the Fifteenths beyond the Trent be 
< employed only for Defence of the North. 

265 ] Anfwer. The King will provide for Defence of thofe 


Petition. * That Strangers, Enemies of the Realm, 
' who remain now in Newgate, may be adjudged du- 

* ring the Parliament. 

Anfwer. They Jhall remain there till further Order. 

Petition. ' That no Charter of Pardon be granted 
' fince the King's laft Expedition. 

Anfwer. Advice Jhall be taken. It is enafted, That 
Lombards, and other Merchants, Jhall receive Gold for 
their Ware, without any Compact, on Pain of Fine and 
linprifonment . 

Petition. * That all alien Monks do avoid the Realm 
' by Michaelmas, and that their Livings be difpofed of 
' to young Englijh Scholars ; and that fuch Aliens, Ene- 

of E N G L A N D. 283 

mies, as are advanced to Livings (they being, in their K - Edward III* 
own Countries, but Shoemakers, Taylors, or Cham- 
berlains of Cardinals) may depart the Realm before 
Michaelmas, and their Livings be beftowed on poor 
Englijh Scholars. 

Anfwer. To thefe two Petitions this one Anfwer was 
given, That the Perfons, being Spiritual, were not to be 
tried by Parliament; and that their Livings , being in the 
King's Hands, were not without him to be difpofed of. 

Petition. ' That the King may take the Profits of 
1 all other Strangers' Livings, as Cardinals and others, 
' during their Lives. 

Anfwer. The King doth take their Profits, and the 
Council have fent their Petition to his Majejly. 

Petition. 4 That no Payment be made to any Car- 

* dinals, living in France, to treat either of War or Peace. 

Anfwer. This is granted, as reafonable. 

Petition. That foreign Provifors, or Aliens buying 

* Provifions, do quit the Realm by Michaelmas* on Peril 
' of being outlawed. 

Anfwer. The Statute heretofore made Jhall be cbfer- 
"ued, and the King fl)all Jignify the fame to the Pope. 

Petition. c That the annual Advancement of 2OOO 
' Marks, granted out of the Province of Canter bury, may 

* be reftrained, and that thofe, who fue for Recovery 

* thereof, may be outlawed. 

Anfwer. The Lords think the fame reafonable ; and ,. ,, 
it is further commanded, That no fu ch be from henceforth '* 

' It is enacted, That whofoever fhall bring into the 

* Realm any Aliens, the Veflel wherein they are brought 
' fhall be forfeited to the King, and the Body of the 

* Bringer fhall lie at the King's Difcretion. 

* It is enacted, That, during the Wars, no Perfon 
c do fend or tranfport any Money to the Pope, or to any 
' Bifhop, or other Alien whatfoever, for any Duty 
' whatfoever. 

Petition. * That no Englijhman do farm any Thing of 
' any Alien Religious, nor buy any of their Goods, nor be 

* of their Counfel, on Pain of perpetual Imprifonment. 

Anfwer. This is againji the King's Profit, who reaps 
Benefit by fuch Farmers. 


284 tt g Parliamentary HISTORY 

K. Edioardlll. Petition. * That all Friars, Aliens, fhould depart the 
' Realm, never to return hither again. 

Anfwer. Order Jhall be taken with every General of 
all the Houfes of Friars, fo to look to all Friars, Aliens, 
under their feveral Charges, as that they fhall not be able 
to difclofe the Secrets of the Realm. 

Petition. ' That the annual Penfion of feven Shillings, 
which Sir Raimond Peligrue received of every Religious 
Ho.ufe within the Realm, may henceforward ceafe. 

Anfwer. The faid Sir Raimond is the King's Liege- 
man, born in Gafcoigny, and fivorn of the King's Coun- 
cil, by whofe Command he receive th the fame. 

Petition. ' That the annual Penfion of 2000 /. paid to 
the Abbot of Clugny may ceafe for ever. 

Anfwer. The jame is paid there. 

Petition. ' That the Statute made, That the King 

* fhould prefent unto any Church of his Gift, falling 

* void, at any Time within three Years, fo as, if the 
' Parfon had continued therein for three Years, that he 

* fhould not be turned out, may ftand. 

Anfwer. The King will be advifed. 

' It is enadled, That no Perfon bring into the Realm, 
' to any Bifhop or other, any Bull, or other Letters, 
< from the Court of Rome, or from any Alien, unlefs he 

* firft fhew the fame to the Lord Chancellor, or to the 
' Warden of the Cinque Ports, on Lofs of all that he 

. hath. 

\ 367 ] ' It is enacled v That all Religious Perfons, for Lands 
< purchafed fince 20 Edward III. and paying no De- 
' mefne therefore amongft the Clergy, fhall pay Fit- 

After this Mr. John Charleton, one of the Meflengers 
aforefaid, produced Letters from the Bifhop of Durham, 
from theEarls of Northampton, drundele, Warwick, Ox- 
ford, and Suffolk, and from Sir Hugh le Defpenfer, Lord 
of Glamorgan, directed to the whole Parliament, pur- 
porting, That whereas the King at his Arrival at La 
Hague St. Vafl, in Normandy, had knighted his eldeft 
Son, the Prince of Wales, whereby he ought to have 
an Aid of the Realm, viz. Forty Shillings of every 
Knight's Fee, they would now confider thereof. Here- 

of E N G L A N D. 285 

upon the Parliament agreed thereto immediately, and K.Edtuard III. 
took Order for the fpeedy levying the fame r . 

It was Wo order'd in full Parliament, at the Requeft 
of the Commons, That the Benefices of all Aliens be 
feized into the King's Hands, and he to take the Profit 
of the fame; and that, in order thereto, all Bifhops 
fhoujd, before the next Convocation, certify into the 
Chancery the Names of all Aliens, their Benefices, and 
the Value thereof: Alfo that no Alien do fend Letters 
out of the Realm, that (hall not be firft perufed by the 
Lord-Chancellor, or the Warden of the Cinque Ports, 
on Pain of lofing all he hath. 

This was the Subftance of this Parliament's Proceed- 
ings j which we are perfuaded will not be thought tedi- 
ous, fince the Form of it will evidently Ihew whatSenfe 
the People of England had at that Time of the King's 
great Conquefts and Victories in France. This Parlia- 
ment, having fat only ten or eleven Days, was diflblved ; 
which is another Inftance to (hew that, when Men are 
fo minded, a great deal of Bufinefs may be done in a 
fhort Time. 

The learned Mr Barnes opens the feventh Chapter 
of his fecond Book in fo pompous a Manner, that we 
cannot forbear tranfcribing of it. The King, having r 2 gg -\ 
taken the important Town of Calais, had consented to 
a Truce with France , and returned to England ; when, The King 
fays this Author, * Now doth King Edward III. ftand returns. 

* in the full Zenith both of his Age and Glories ; he 
c had but juft paft the thirty-fifth Year of his Life, and 
' yet was crowned at home, in his Family, with a lovely 

* Row of hopeful Children, a virtuous and beautiful 

* Confort, and in his Kingdoms with Peace and full Pro- 

* fperity. Abroad, he was renowned above all the Kings 
' of the Earth, for his notable Victories by Sea and Land, 
' in Scotland, France, and Bretagne; for fet Battles, for 
' taking of Towns, for Kings flain, Kings routed, and 
' Kings taken Captive; nor was his Moderation lefs ad- 
' mir'd, which he fhew'd in refilling the Title and Dignity 

* of an Emperor. This, in my Opinion, adds our Au- 
4 thor, is the blighted Part of all his Reign, tho' yet an- 


r The Letter which Barnes mentions to com? from the Lords about the 
Kin;/ .it Ca. '.::'<, to ciefire the Parliament to grant hiiuthe Aid for the K: 
heed f his eldtft Son, is i Rymtr, p. 527. 

286 Yhe Parliamentary HISTORY 

K. Edward ill. other King remains to be Captive by his Arms, ami 
' another King is deftined to recover an ufurped Crown 
' by the Aid of his Sword and Fortune.' 

In the next Paragraph, Mr. Barnes goes on and 
moralifes much on the unhappy Confequences that fol- 
low Conquefts ; by which fuch a Superfluity of Riches 
and Vanities were brought into England, that from this 
Period of Time he dates the Beginning of Pride and 
Luxury, which were ill exchanged for the. Native Sim- 
plicity and Candour of the Englijh Nation. And to 
"which, he thinks, all the Miferies in the fubfequent 
Civil Wars, down to the Reign of Henry VII. may be 

. Within five or fix Weeks after the King's Return 
1348. to England, out of France, he ilTued out Writs, dated 
. November 13, for a Parliament to meet on the i4th of 
irtjtmytr. j amary f n ow i ng? at Wejlrninfler s . They did not fit 
on that Day, but adjourned for three more, to give 
Time, as before, for the more diftant Peers and Com- 
mons to come up. Being all affembled, Sir William 
Thorpe, Lord Chief Juftice, by the King's Command 1 , 
opened the Caufe of the Summons in his Prefence, and, 
C 2 9 J j n f u ll Parliament, declar'd that it was on two Accounts : 
' Firft, Concerning the War with the Confent of the 

* Parliament; next, How the Peace of the Nation might 
be better kept.' 

The Lords and Commons debated earneftly on thefe 

Matters for fome Time ; when, on the fourth Day, the 

Commons declared, ' That they were not able to ad- 

/ ' vife any Thing concerning the War, and therefore de- 

* fired to be excufed as to that Point; and that if the 

* King ' would be advifed by his Nobles and Council, 
' what (hall be by them determined, they would con- 

* fent unto, confirm, and eftablifli.' 

As to keeping the Peace, and the better Governance 
of the Land, the Commons prefented many Petitions to 
the King for the Redrefs of Grievances, and the like : 
Thefe, with the Anfwers to them, amount to no lefs 
than 70 Articles, and are too copious for our Defign: 
However, there is one, more remarkable than the reft, 
which muft not be omitted. It fhews the Jealoufy or" 


Barnes takes no Notice of this firft Parliament after the Kind's Return* 
t Dei Grants et Sages de votre Confiil, Rot. i'arl, 

of ENGLAND. 287 

the Commons, in thofe Days, on any Impofitioris or K - Sdiaard III. 
Taxations on Goods or Merchandize, without their 
Advice and Confent. 

4 Whereas, in a Council holden by Lionel u the King's 
Son, then Guardian of the Realm, it was ordered, 
without the Confent of the Commons, That, for keeping 
the Realm, and fafe Conduct of Merchant Ships, 2 s. 
fhould be taken of every Sack of Wooll palling the 
Sea, 2s. on every Tun of Wine, and upon every Pound 

of w imported, 6d. to continue 'till Michaelmas 

next ; that it would pleafe the King to fuffer this 
Charge to fall, and that he would fend Letters to the 
Collectors of it accordingly.' 

Anfwer. All Charges, fuppofed in this Article, are laid 
down, except 2s. on the Sacks, which is only to endure 'till 
Eafter next ; and forafmuch as thefe Charges were or- 
dained for fafe Conduct of Merchandizes into the Realm , 
and out of it to foreign Parts, for Provifion of which the 
King hath laid out much Money, it is hoped that the levy- 
ing of it, for fo little a Time to come, cannot be thought 

The Commons conclude their Petitions with a De- 
fire to the King, That, fmce they ftaid there at great 
Charges and Expences, they might have an Anfwer 
fpeedily, and be dim-lifted to "their own Countries. 

How long this Parliament fat is uncertain, as it is in- 
deed of all the reft at this Time. The Records are very 
punctual in naming the exact Time when they met, but 
rarely, or never, when they were difiblved. However, ' 
we find another called the Year after, to meet on the 
Monday next after Midlent, which happened to be the 
lyth of March that Year. At this Meeting, as ufual, AnnoRegni--. 
Refpite was given of a Day or two for all to come up ; 1349. 
and, when aftembled, the fame Sir William Thorpe de- 
clared the Caufe of it to be, ' That the King had, ac- 
' cording to the Truce agreed to at Calais, fent Commif- 
4 fioners to the Pope, from whom he had long fmce ex- 
pedted fome fatisfa&ory Anfwer, but as yet had recei- 

* ved none. Alfo, that fundry Articles of the Truce, 

* touching both the Kings and their Allies, were not 

< duly 

u He is called, in the Record, Ltontl de Andwert, of Antwerp, from bo 
^ng born there. 

w The. Word is da A-vcirs, which we own we cannot tranflate. 

K. Edward lit 
j. -, 

*Fke Parliamentary HISTORY 

duly performed; and further, that the French were 
preparing a puiflant Army, wherewith to invade the 
Realm. From all which it appeared that the Truce 
was but fickle, and that it was neither fafe nor prudent 
to rely upon it, but rather to be arm'd betimes againft 
the worft that might happen ; that this War, which 
was undertaken by the Advice and Confent of Parlia- 
ment, might have a profperous Ending, and be carried 
on with the leaft,,Charge to his People. He added, 
That the Confervation of the Public Peace at home 
was another main Point for their Confiderations, and 
that this muft be done by wholefome Laws, duly and 
impartially adminifter'd.' 

Debates arofe again amongft them, and continued for 
fome Days ; when, at laft, the Commons agreed upon' 
an humble Petition, or Reprefentation, to the King, on 
the prefent State of the Nation : Which being a Parlia- 
mentary Proceeding very memorable, muft find a Place^ 
as tranflated from the original Record x , in thefe Inqui- 

To their Moft Honourable and Moft Redoubted Liege 
Lord, his poor Commons Jheiu., 

the Commons' ' Hr^HAT at his laft Parliament he fent the Noble 
Reprefentation < j[ Earls of Lancafter and Northampton, and other 
J th A St . ateof ' Great Men, to tell them that he intended not to take 

the Nation to ,_ ' , 

the King, deda- an y A ' lin g more or them, or to charge them farther; 
ring they will < which they had publimed to the whole Land, for which 
grant noSupplies th had a j fo t h an ked him, accordin to their Know- 

but on Condition -' 

, . . , . - . . 

of their Grie- e "g e as niuch as they could, and prayed for him 
vances being re- ' Night and Day: And yet at this prefent Parliament, 
drafted. < upon certain News now arrived, he demanded' a very 

4 great Charge of his poor Commons. Wherefore they 

* defire his Noble and Thrice-honoured Grace would 

* be pleafed to underftand the Mifchiefs and Burdens of 

* the Commons; that is to fay, the reafonable Aid which 

* had been pardoned / in his i4th Year; that is, a Grant 
' was then made it fhould not be paid in all his Reign; 
' to wit, 40^. upon every Knight's Fee, to make his 

* eldeft Son Knight ; whereas, by Statute, there was 
4 but 20 s. due upon every Fee; bcfides the Fifteenths of 


* Rot. Pad, 22 Edward HI, ^y Remitted. 

^ENGLAND. 285 

1 the Commons, and Tenths of Cities and Boroughs j K Edward Ilii 
' Men at Arms, Hobelors, Archers taking of Victuals r -, 

* without paying for them ; guarding the Sea ; and alfo 

* the Subfidy of Wooll, by rtafon whereof every Sack of 
< Wooll, that was the Trealure of the Land, was fold 
' for 40 s. lefs than its Value. And as it would be 
' a great Trouble to the Commons to bear any Charge, 
' that therefore, if the Aid, now to be granted, might 

* not be turned into Wooll, neither by way of Loan 
' or^ Value, nor in any other Manner, nor levied too 

* haftily, but in the Form it was wont to be granted, 
' and that the Eyres of Juftices in the mean Time might 

* ceafe, as well of the Foreft as of the Common Pleas, 
and general Inquiry in the whole Land : That when 

* this Aid {hould be levied, that then, for the future, no 
' Subfidy upon Wooll may be granted by the Merchants; 
' and that no Impofition, Loan, or other Tallage, or 

* Charge whatfoever, (hall be put upon them (the Com- 
' mons) by the Privy Council, without their Grant and 
' Confent in Parliament; and that two Prelates, two 

* Lords, and two Juftices might be affigned to hear and 

* difpatch their Petitions, which were not anfwer'd in the 
' Jaft Parliament; and that their Petitions in this Par- 

* liament might alfo be anfwered according to Reafon, 
' and the Anfwers to remain in Force, without being 

* changed or altered u : That the Juftices do inquire of 

* falfe Money, which ruins the People : That David 
' Bruce, William Douglas, and other Chief Men of Scot" 
' land, may in no Manner be releas'd, neither by Ranfom, 
' nor upon their Faith : That the King would reftore 
' the 20,000 Sacks of Wooll taken of the Commons by 

* way of Loan : That an Aid to marry his Daughter 
4 might not be taken in the mean Time ; and that there 

* might be no Marlhalfea in England, except that of the 

* King, or the Guardian of England, when He was out 
' of the Kingdom. 

< Upon thefe Conditions, and not otherwife, as alfo 
' that they may be entered in the Parliament-Roll, as 
' Matter of Record, by which they might have Remedy, 
if any Thing {hould be done to the contrary in Time to 

* come, the laid poor Commonalty, to their very great 

* Mifchief, grant to the King three Fifteenths, to be le- 

VOL, I. T vied 

n See before, p, 263, 281, ttfejuentt 

We Parliamentary HISTORY 

K. Edwardlll. c vied in three Years, to begin at Michaelmas next co- 

* ming, To as every Year one Fifteenth may be levied, and 
L 2 7 2 J ( no more ^ a t two Terms in the Year, viz. St. Michael 

ASubfidygrant- and Eafter, by even Portions; and that this Aid may be 

ed on Terms. < a flig ne d and referved only for the War, and not to 

pay Debts ; and if the War fliould ceafe, or a Truce 

be made, then the Fifteenth of the laft Year not to be 

* levied. That of thefe Conditions, and the Manner 
< of this Grant, Letters Patent Ihould be made, and fent 

* into all Counties, without paying any Thing for them ; 
wherein fhould be mentioned the great Neceffity the 

* King was in after the laft Parliament ; and in Cafe 

* the War fhould break out towards Scotland, the Aid 
4 granted beyond Trent fliould be employed for the De- 

* fence of thofe Parts, as it had been formerly.' 

Mr. Barnes has given us, from the Record, the fur- 
ther Petitions of this Parliament to the King, with his 
Anfwers ; but as many of them are not very material, 
we fhall refer to that Author, and only mention one of 
the laft. ' In this was contained a long Complaint againft 

* Forefters, for afforefting of Men's Purlieus, for undue 

* Trial, and for Extortions ; to which was added a Re- 

* queft, that Magna Charta may be obferv'd, and that all 

* Men may enjoy their Purlieus according to the Peram- 

* bulations in the Time of King Edward 1.' 

Anfwer. The King wills that Magna Charta be kept 
inviolable ; and thofe that will complain in Right of their 
Purlieus may have Writs out of Chancery to redrefs them. 

Another Author obferves upon this, how fenfible the 
Commons of England have been upon any Infringement 
of their Great Charters of Liberties and Forefts ; and 
alfo how ready the greateft and moft powerful of our 
Kings have been to give them all due Satisfaction to 
fuch Petitions or Demands, in their own Way w . 


v Tyrrel, p. 555. In the Public ARt we find a Writ directed to the 
King of Seats to come to this latter Pailiament j which, for the Rarity of 
it, deferves a Tranfcript. 

Rex, magnijicQ Prindpi etfdelifuc Edwardo, eadem Gratia, Regi Scotia?, 
Confanguineo fuo carijjimo, Salutem. 

l^uia pro magait et ardith Negotiii, tarn nos et Statum ntflri Anglire, 
quant vos et Terram et Gentem Scotiaj fua::e ccncerr.entibus, Par/iamentu>x 
rojirum tf/WWeftmonafieiium ad Diem Lunas, fnximamfojl Diem Do- 

Sf ENGLAND. 291 

If we have been too prolix in our Jaft Proceedings, we K. Ed-ward in. 
have now aChafm of Time in which we can meet witrr 
nothing to our Purpofe. An univerfal Plague, intro- L 2 ?3 J 
duceti Dy many frightful Prodigies, which our Biographer 
Barnes has given us, and which at laft ravaged this 
Ifland in a dreadful Manner, prevented all Parliamentary 
Meetings for full two Years x . But, 

The King, towards the latter End of the Year 1350, 
having Occafion for the Advice of Parliament, iflued 
out his Writs of Summons, dated November 25, for one 
to meet on the Feaft of St. Hilary, or January 13, fol- 
lowing. On which Day being met, it was further ad- 
journed to the 1 5th of February next after ; that none 
might plead for Excufe they had not Time enough giverr 
them to appear in. 

This Parliament, by the Records, was held, by Com- 
miflion, the King and Prince of Wales being both abfent. 

Upon the Day appointed the King's Commiffion was AnnoRegni 15. 
read, in the Painted- Chamber at /^///m'w/?<r, authorizing 'Si 1 - 
Prince Lionel to hold a Parliament during the King's At w e ftminfter t 
Abfence ; who it feems was gone upon feme Progrefs, 
or Expedition, of which our Hiftoiians are filent: But, 
being prorogued for fome Days, in the mean Time the 
King returned. Being again afTembled, Sir William de 
Sharejhall, the Lord Chief Juftice, in the Prefence of the .. , 
King, Lords, and Commons, declared, ' That the Caufe *- '* " 
4 of their Summons was, firft, becaufe the King, in the 
' 22d Year of his Reign, had held a Parliament, which 
* he was hindered from continuing, as alfo from calling 
T 2 another, 

minicam in media QuadrageJJimo proximo futurum, tenere t et ibidem cum 
Pralatis, Magnatibut, et I'roceribus dili Regni ncftri Colloquium babere va- 
lumui et trafiatum, 

Et, idea vobis, in Fide et Uomagio, quibus nobis tettemini, mandamus 
fuod, omnibus aliit prtetermijjis, ad diflot Diem et Locum perfonaliter in- 
trrjitis, ibidem nobifcum et can: Pr&latis, Magnatibus, et Proccribuf prtediflis, 
fuper Negotin prediflis, trafiaturi, veftrumque Corjilium impenfuri $ et hoc 
"jicut nos ct Honorem noftrum et Veftrum, diligitis, nullatenus omietatit. 

Tefte Rege apud Weftmonafterium, decimo quarto Die Februarii. 

Feed Ang. Tom. V p. 61 1, 6iz. 

* In a Writ to the Bifliop of Wfitbtfltr, Jan. I, 1349, a Parliament is 
prorogued, which was to have met on the Monday after the Feaft of St. 
Hilary, to 1 5 Days after Eafter. for this Reafon, S^uia tame nfubita Plaga 
PeJUltntiee mortalii in Loca pr<edtio, et aliis Partibus circum-vicinii, adeo 
Indies invalefcit, quod de fecuro flccejj'u llominum art Locum ilium formidatur 
admodum bin Dicbus. Feed. Ang. Tom. V. p. 655. 

And by another Writ they are again prorogued, for the fame Reafon, ad 
scvam Framunitiwcm per not indc fcctcndain, &C. Idem, p. 658. 

292 The Parliamentary HISTORY 

K, Edward III.* another, by reafon of the late dreadful Plague, to this 
Time. That the Bufmefs of the Wars now required 

* their Concurrence, becaufe the Peace was not pundtu- 
' ally obferved ; and feveral Domeftic Affairs wanted to 
be taken into Confideration by them; particulary, that 
' Labourers refufed to do their Work at reafonable and 

* ufual Rates : And, laftly, becaufe the Treafure of the 

* Realm was exported.' 

The Caufe of the Meeting being thus opened, the 
King, by the faid Chief Juftice, commanded the Com- 
mons to confider and advife what was beft to be done to 
redrefs thefe Evils. In Obedience to which, and for 
the remedying the exceflive Wages of Labourers, there 
was then enacted that remarkable Statute de Servientibus, 
the 25th of this King ; which, tho' now obfolete, is in 
our Statutes at large y . It was alfo enacted, That every 
Man that purchafed any Provifions of Abbies or Priories, 
in the Court of Rome^ both he and his Executors, which 
did fue and make Executions of fuch Provifions, fhould 
be out of the King's Protection, and dealt with as Ene- 
mies to the King and Kingdom z . 
The Aft parted, The Declaration of what Offences fliall be judged 

Oftln r s S fllIl i rbe Trear0n WaS n W P affed int an A &; which has ever 

deemed Treafon, fmce been the great Barrier betwixt the Kings of Eng- 
&(, land and their Subjects. 

There is not any particular Petition made from the 
Commons to the King for the enacting this Statute, on 
the Rolls of Parliament, yet it is among the Statutes at 
large, and feems to have been made becaufe the Judges 
had heretofore, in their Trials of Perfons, condemned 
them as Traitors, on feveral Caufes, which the People 


y There had been an Alteration and Reduction made in the Ergiijh 
Coin about this Time, that though it wanted in Weight, yet it was made to 
pafs according to its former Value. And whereas before there were no 
other Pieces of Money, but Nobles and Half-Nobles, with fmall Pieces of 
Silver called Sterlings, the King caufed Groats and Half- Groats, of equal 
Value with the Sterling Money, to be coined, which raifed the Prices of 
Provifions and Commodities, which ufually rife and fall according to the 
Plenty or Scarcity of Money, and made Servants and Labourers to raife 
their Wages. P'or which Reafon this Statute was made to reduce the fame 
to the ufual Rates given before the late great Mortality. &am. Daniel in 
Kennet, p. 224. 

For the Statute of Labourers, and the Wages afligned every particular 
Craft, fee Statutes at large, An. Reg. 25 Edw. III. 1350. 

2 Call'd the fecond Statute of Provifers. See Haivtins Statutes et 
large, 25 Ed. III. p. 450. And C/.'itr"t EiC/ef. WJl, p. 554. 

See before, p. 253, 370, 

of E N G L A N D. <, 293 

did not know was Treafon. The Parliament, confider- K, Edward III, 
ing how to fettle this material Point between the King 
and the Subject, wifely ena&ed this Statute, which, to 
this Day, fixes what particular Points are to be deemed 
Treafon. ' This excellent A&, fays a late Hiftorian*, 

* fo juftly celebrated in After- Ages for the Security it 

* afforded to the Lives and Eftates of good Subjects, 
4 feems to have been occafioned by the Corruption of 
4 the Judges; who, in order to defraud the Nobility and 

* Gentry of the Efcheats of Lands forfeited to them as 
4 Lords of the Fee by their Vaflals, in certain Cafes of 
4 Felony and Mifdemeanor, and to veft the fame in the 
4 Crown, multiplied Treafons at their Pleafure ; and it 
' was for this Reafon that they were, in the latter Part 
4 of this Statute, exprefly reftrained from adjudging, by 
4 Parity of Reafon, Inference, or Similitude of Cafe, 
' any other Facts to be Treafon ; but were to fufpend 

* Judgment, till the Cafe fliould be laid before the Par- 
4 1 lament for its Determination, whether it fhould be 
4 deemed Treafon or Felony.' 

The Judges, or thofe who were put in that Authority 
by the King in thofe Days, did not behave themfelves, 
in their feveral Stations, as that juft Monarch could 
wifh. Some Inftances of this Kind are previous in this 
Reign ; and now, in this very Parliament, a Lord Chief 
Juftice was brought before them, accufed, tried, and 
fentenced for Bribery, contrary to his Oath. This was 
the fame Sir William Thcrpe who is named as Prolocu- 
tor to fome former Parliaments, and who the King 
caufed to appear before the prefent Aflembly, to have 
the Sentence confirmed which had been parted upon 
him, and which was no lefs than Hanging. The King 
pardoned him as to Life, but rendered him incapable 
of ferving him ever after. 

The before-quoted modern Hiftorian takes Occafion 
here to remark, but does not cite his Authority, That 
no Lawyer fat in this or the laft Parliaments which 
made fuch admirable Laws for the Good of the King- 
dom. He then proceeds and gives us a long Difquifl- 
tion on this Queftion, Whether Lawyers mould be 
excluded from fitting in Parliament or not ? And 
T 3 quotes 

a Carte's Iliflory cf England, Vol. II. p. 480. See alfo Appendix t 
this Hiftory, p. j. for the whoie of this Aft, 

294 Tbe Parliamentary HISTORY 

K. Edward 111. quotes feveral Inftances, by Extracts, out of the Body 
of Writs for fummoning divers Parliaments, that they 
were exprefly forbidden. The whole is a very long and 
learned DirTertation on this important Point ; we believe 
the Fa&s quoted to be juft, but whether they amount 
to what the Author means to prove, viz. That Lawyers 
then were, and ought for ever to be, excluded from Par- 
liament, we leave to the Gentlemen of the Long Robe 
to determine b . 

There are many Petitions with their Anfwers enter'd 
on the Rolls in this Parliament, which are too long lor 
our Purpofe. 

Our more general Hiftorians tell us that there were 

p 27 - -I fome Promotions made at this Time, which deferve our 

Notice. Henry Earl of Lancafter was created Duke 

The Duchy of of the fame, as an Acknowledgement for the great Ser- 
ftin ' vices he had done the Crown^by the general Confent 
of the whole Parliament . He was inverted by girding 
on a Sword, and had Power to hold a Court of Chan- 
cery in the County of Lancajier^ to ifiue out Writs un- 
der his own Seal ; and alib to hold Pleas concerning 
Civil Caufes arifing within that Duchy. This deferves 
more Notice, becaufe it is commonly laid that Lancafler 
was not advanced to a County Palatine till the Reign of 
Henry IV. But as Prince Edward had been before 
created the firft Duke that ever had been in England* 
fo this Duke of Lancajler was the fecond that was ad- 
vanced to that Dignity. At the fame Time alfo the 
Lord kalph Stafford, for his eminent Services, was ad- 
vanced to the Title of Earl of Stafford; and 1000 Marks 
Penfion a Year was given him by the King, till he 
could provide Lands of that Value to fettle on him and 
his Heirs for ever d . 

Mr. fyrrel obferves that there is an Error in the Par- 
liament-Roll;, made by the Clerk, by entering this Par- 
liament .where the next mould be, which was called 
the Year after. For, fays he, the Writ of Summons, 
for the Succeeding one, bears Date November 15, to 
meet on the I3th of January following ; and as this 


t> Fide Carte, p. 480. 

c By the King's fpecial Charter, dated Marcb 6, A. K. 15. Yeed. Ang. 
'd The famous Older of the Garter was at this Time firft inftituted at 
Windfcr by the King j Cni tantvs dtinde acctjjit Honor, ut maxima quefqug 
Riga ucn faenituerit in id venirf Collegium, Pol. Verg. L:b> xijc. p. 378. 

of E N G L A N D. a$$ 

King begins his Reign from the firft of this Month, it K. Edward ill,, 

muft be in the 26th, and not the 25th Year of it. By 

which, adds this Author, the Reader may find that 

Errors may fometimes happen in Records themfelves ; 

and muft be corrected either by other Records, or the 

Hiftory of the Times. 

But the Error is in Mr. Tyrrel, and not in the Clerk; 
for Edward III. began his Reign on the 2gth of Ja- 
nuary, 1327, and was crowned on the firft of February 
following (hafty Work, indeed, but was what the 
Neceffity of thofe Times requir'd) ; fo that the Meeting 
of this fucceeding Parliament muft be ftill in the 25th 
Year of this King 6 . 

And accordingly on the I3th of January the Parlia- Anno R . 
ment met, but was adjourned for five Days on Account i 35 i. 
of the Abfentees ; when, being all afTembled, the Parlia- At We a min a 
ment was open'd by a Speech from Sir William Sbarejhall, 
the Lord Chief Juftice, declaring the Occafion of the j- 2 ^ j 
Summons to be, for fetting forth the King's Title to the 
Crown of France; telling them, That Philip of Valoh The King's Title 
had ufurped it all his Life ; and not only fo, but moved J^SJUf 

* War againft him in Gafcoingy and other Places, feizingthis Parliament. 

* upon his Rights and Poflefiions, and doing all the Mif- 
' chiefs to him, both by Sea and Land, that was in his 
' Power, which they well knew, in Subverfion of him 

* and his Realm of England : That in former Parlia- 

* ments this Matter had been propounded in Behalf of 

* the King, and their Advice requefted what was beft / 

* to be done ; and that it had been declared, after good 

* Deliberation, they knew no other Way to advife the 
' King, than to procure Allies to go againft his Adver- 

* fary by main Force, and to do this they had promifed 
' to aid him with Body and Goods. Whereupon the 
' King made Alliances with feveral foreign Princes and 
' Powers, and, by the Help of the good People of Eng- 
' land, he made War upon him, becaufe he could not 

* bring him to a reafonable Peace. That the King and 
' his Adverfary had often aflented to Truces ; but his 
' Enemy, during thofe Truces, imagining to deceive 
' the King, broke them every Way, continuing his Ma- 


e In the Record, thefe Parliaments are divided into Part prima & fecund* t 
which njjfcht be for i j ar / amentum frimum & fccundum in the fame Year. 

296 %be Parliamentary HISTORY 

K. Edwatd III. < lice againft him and his Friends. That now, after 
< Philip's Deceafe f , John, his Son, continuing the 

* fame Wrongs his Father had maintained, pofTeiled the 

* Kingdom of France \ and, contrary to the laft Truce, 
confirmed and fworn to by both, had broken it both 
' in Gafcoigny and Britany^ and alfo upon the Sea ; and 
' had actually fent to Scotland to renew the antient Al- 

* liance made between them, wholly tending to the Sub- 
verfion and Deftru&ion of his People of England. 
4 Wherefore the King much thank'd his Commons for 
' the Aids they have already given him, and for the 

r 2 -~ -j * Good will he had always found in them, and prays 
' them that they would take Time to confult about this 
untill the next Day, and that, at Sun-Rife in the 
' Morning, they would come to the Painted-Chamber in 
Weftminfter to deliberate, and to hear if the King 
< woulti fay any Thing further to them ; and to (hew 

* the King their Grievances, if they had any, that Re- 

* lief might be given them at this Meeting/ He con- 
cluded his Speech with charging the Commons, in the 
King's Name, to fhorten their Stay in Town ; and, for 
the quicker Difpatch of Bufmefs, that they would im- 
mediately make Choice of 24 or 30 Perfons, out of their 
whole Number, to be, in the Morning, at the Painted- 
Chamber^ and the King would fend a Number of Lords 
to them to confer about the Bufmefs of the Nation. 

After this Declaration from the Chief Juftice, and 
another from Sir Bartholomew Burgherjh, the King's 
Chamberlain, to the fame Purpofe, the Commons chofe 
a Committee, as directed, who had feveral long Con- 
ferences with the Lords, as well to raife a necefiary Aid 
for the King, as to draw up Petitions concerning the 
Rights of their Conftituents. When all was ready, the 
A Supply granted Commons, in their whole Body, came before the King 
aSa'mft France, in full Parliament, and reprefented to him, * That the 
' cornrnon People of the Land were much impoverifh'J 
* by the late mortal Peftilence, as well as by other Bur- 
' dens, Taxes, Tallages, and many other Payments laid 
' upon them a ; yet, notwithftanding all thefe Damages, 
' having a due Regard to the National Intereft and De- 

* fence 

f This King of France died Auguft 10, Anno 1350, and was fucceeded 
by John Duke of Normandy ', his Son. 

a Par autres Somers, Taxes, Taiilages, et plufurts autre Cbevar.cei, &c. 
Rot. Pad, 25 Edward III. fart fecu*2a t N. 9. 

of E N G L A N D. 297 

* fence againft the Malice of their Enemies, they deli-K, Edward m% 
4 vered the King a Roll, containing both the Aid which 

* they had unanimoufly granted him, and their Petitions 

* concerning the Commons of England^ to which they 

* prayed the King to give good and fpeedy Anfwers.' 
The King granted their Requeft, thanked thf m for the 
great Aids given before, and for this now granted; and 
for the Good-will and Kindnefs he had always found in 
his Commons, as well in this as in former Affairs. 

Then follows the Grant of three Tenths and three 
Fifteenths to the King, by the Lords and the whole 
Commons of the Land, in order to fupply his great Ne- 
ceflities. This Tax was to be raifed as the laft Tenths * 2 ? * 
and Fifteenths were, within three Years, upon the Con- 
ditions following : 

4 That all Fines, Profits, Amerciaments, and Imports, 
4 levied, or to be levied, upon Labourers, Artificers, 
4 Regrators, &c. who were for taking more Wages, 

* were to be paid towards raifing the Subfidy.' But this 
Statute, together with the Anfwer to it, is now obfolete. 

4 That hereafter no Tax, Tallage, Aids, or Charges 
4 be demanded or levied on the Commons; and that all 
4 the reafonable Petitions, prayed by the Commons, 
4 may be granted, confirmed, and fealed before the Dif- 
4 folution of this Parliament.' To which the King's 
Anfwer was, ' That, as to the Tax and Tallage, it is 
4 not the Intention of the King, or the Lords, that they 
4 fhould ever be charged without the Confent of the 
4 Commons ; and, as to granting their other reafonable 
4 Petitions, the King is pleafed it fhould be done.' 

The Commons pray alfo, * That the Loans which 
4 were granted to the King by many of that Body, may 
4 be releafed ; and none compelled to make fuch Loans 

* for the future againft his Will, for that it was againft 
4 Reafon and the Franchife of the Land ; and that Re- 
4 ftitution might be given to thofe who had made the 

* Loans.' The King's Anfwer was, 4 That it fhould 
4 be done.' 

* Alfo, that whereas the King's Juftices, affigned to 
4 feveral Counties, had judged many Men that were 
4 arraigned before them as Traitors, for divers Caufes 
not known to the Commons to be Treafon; therefore 
4 it was defired that the King and his Council, and the 

* Great 

298 The Parliamentary HISTORY 

. MwarJULf Great and Wife Men cf the Land, would pleafe to 
' declare the Points of Treafon/ The Anfwer was, 
' That a Statute was made in the laft Parliament, fet- 
,' ting forth and declaring what Crimes (hall be Treafon 
' for the future.' This we {hall have often Occafion to 
mention in the Sequel. 

It will not be amifs to add fomewhat of a private Con- 
cern, which was tranfacled in this Parliament. The 
Xord John Maltraver^ who was thought to be one of 
the Murderers qf King Edward II. having fome Years 
before come in and Tubmitted himfelf to the King's 
f 2 -_ "\ Mercy, and lately received his Pardon, now petitioned 
to have it confirmed in Parliament ; which, in Confi- 
deration of his late faithful Service to the King in Flan- 
ders, was granted accordingly, and he was again reftored 
to his Honour and Eftate, which had been long feized 
into the" King's Hands b . 

In the fucceed ing Year, 1353, An.Reg. 27 Ed^v. III. 

the King called another Parliament to meet at IViJlmin- 

Jler on the Monday next after the Feafl of St. Matthew 

the Apoftle, by Writs dated the ifth of July foregoing. 

This Meeting, in the Record, x is only called a Great 

Council, (in Magno Conftlio) compofed of about fixty 

Lords, one Knight for each County, and one Member 

for each City or Borough ; but yet we ihall find them 

enacting Laws, equal to the Power of a full Parliament. 

T 280 1 ^ was n t> however, 'till the yth Day oiOftober that 

this Parliament, or Council, fat to Ho Bufmefs ; when, 

Anno Regni 27. being all aflembled in the IVkite Ha!!, or Chamber, of 

I 353- Wejlminfter, the Lord-Chamberlain, Burgherjh^ deli- 

At JF<y?/ft//?<;r. vered the King's Mind to them as follows : 

c That the King, confidering how he might beft eafc 

* his People, that had been often charged with Impofi- 
' tions and great Aids, by reafon of the War with his 
' Adveriary of France^ who detained his Right of Heri- 

* tage to that Crown from him, had fent lately fome 

* of the moft Noble Lords of his Realm, viz. the Arch- 
' bimop of Canterbury and the Duke of Lancajhr, with 

* ether 

t> See before, p. 207, 208, 224, 225. The King's Charter of Pardon 
for this Man is entered at Length on the R,olls. It is in Latin, and is 
very full and particular, and is dated at Wejlminfter, Itb. 8 L sin. Keg. 26 j 
which (hews that this Parliament fat both in the a 5th ami zGth Years of 
Jiis Reign. 

of E N G L A N D. 299 

' other Prelates and Noblemen, to Guifnes^ to treat with K. Edward lilt 

* his Adverfary in Prefence of a Cardinal, whom the 
Pope had fent thither as a Mediator; and that, after 

* the Treaty, he had fent his Confeflbr to the Pope, to 

* acquaint him that, confidering the many People that 

* had been killed in this War, and defiring to fpend the 

* reft of his Time in another more holy one, to the Ho- 

* nour of God, if his Adverfary would make Reftitution 

* of the Duchy of Guyenne to him, as entirely as any of 
' his Anceftors had enjoyed it, to hold it freely without 

* any Homage or Service, he was willing, when the War 

* was ended, to refign his Tide to the Crown of France. 

* That the Pope had moreover been defired to found his [ 281 J 
' /WWjAdverfary's Inclination to a farther Treaty ; yet, 

* with Proteftation, That, if he (hould not accept it, all 
' his Rights fhould be entirely faved to him, as if no 

* fuch Offer had been made. To which Meflage the 

* King not having received any Anfwer from the Pope, 
' he had fent another by the Archdeacon of Huntingdon^ 
' William de JVitlefey^ to know what had been done in 
' this Affair, who brought back nothing worth report- 
' ing ; wherefore it feemed neceflary to the King and 

* the Lords of his Council, that he {hould prepare him- 
c felf for the War againft his Adverfary, as well for the 
' Defence of England as to recover his Rights, for which 
' he ought to have a great Sum of Money granted to 
' him.' 

The faid Chamberlain fhewed further, * That the 
' late Tax, or Subiidy, on Wooll, Leather, and Wooll- 

* fels, ending at Michaelmas laft, it was not the King's 
' Intentions to lay any new Tax or other Charge upon 

* his People, yet he requefted the Parliament to grant 

* him the faid Subiidy for fome Time longer.' 

This Requeft being confidered by the Three Eftates, 
and deliberated upon, they all unanimoufly agreed to ^ farther Grant 
grant the King this Subfidy of Wooll, bV. to receive it,fbr the fame 
as before, frcm Michaelmas laft for three Years to come, pur P fet 
if the War fhould continue fo long ; upon Condition 
that the Money, ariling from this Subfidy, fhould be 
kept folely for the War, and not applied to any other 

There were likewife feveral excellent Laws made in 
this Council, or Parliament, as, particularly, that of the 

Staple i 

300 The Parliamentary HISTORY 

K. Edward HI. Staple 6 ; whereby it was ena&ed.That the great Markets 
for Wooll, Wooll-fels, Leather, and Lead fhould be 
held in London, Wejlminfter, York, Brijiol, and divers 
other Cities and Towns therein mentioned ; with feve- 
i ZQ2. J ra j u j es anc j Reftritions for well regulating the fame. 
This A6t, or rather Ordinance, was made, as was de- 
clared by the Chief Juftice Sharejhall. becaufe the Staple 
of Wooll, the fovereign Merchandize and greateft Jewel 
in the Kingdom of England*, had heretofore been held 
in Parts beyond Sea, to the enriching of Foreigners and 
Strangers : Therefore, &c.- as is before recited. The 
Ordinance is in the King's Name only, and confifts of 
near forty feparate Articles ; but in the laft it was or- 
dered to be proclaimed and published in every County in 
England; and alfo, for greater Force, that it fhould be 
rehearfed and inrolled in the Proceedings of the next 

Anno Regni a8. The Year T 353 bein S ended, the King, on the 1 5th 
1354. of March, in the next Year, fent out his Writs of Sum- 
ler. mons to ca ^ a rea ^ Parliament to meet at IVeftminJier, 
April the 28th following. Being accordingly aflembled, 
the aforefaid Lord Chief Juftice declared, in the Pre- 
fence of the King, Lords, and Commons, in the Paint- 
ed Chamber, ' That the Caufe of this Parliament's be- 

* ing called, was for three Things : Firjl, For eftablifh- 
' ing the Staple within the Realm, and for Confirmation 
' of the Ordinances made in the laft Great Council 
' about it. Secondly, How they might treat of a Peace 
' with France; for that by War the King faw his Sub- 

* je&s greatly wafted. And, Thirdly, For receiving of 
' Petitions and redreffing of Grievances; all which with- 
' out a Parliament could not be effectually done.' 


c Staple fignifies this or that Town whither the Englijh Merchants were 
bliged, by Aft of Parliament, to carry their Wooll, Cloth, Lead, and 
Tin, and fuch-like Staple Commodities, in oider to fell them by the Great. 
For the Etymology of this Word, fee further in Blounfs, Co-well's, and 
Jacob's Laic Dictionaries. 

Ic feems the King was difpleafed with the Fltmmings for difappointing 
him in the Match between his Daughter and their young Earl Lewis, and 
removed the Staple of Woclls from their Towns, which were greatly en- 
riched thereby, and caufed it to be kept at home, judging it more con- 
venient to enrich his own Towns than Strangers, by the Commodities of 
his Kingdom. Daniel in Kennet, p. 224. 

d Stye f;nt la fo-ueraine Marchandij'e et Jtiuel dt fan Roiattne d r Anglo-, 
ene. Rot. Farl. 18 Ediu. II U 

of E N G L A N D. 301 

A Day or two after the Lord-Chamberlain inform- K. Edward III* 
ed them, ' That there were great Hopes of bringing 
' about a Peace between England and France, by Means The , Kin . g Q*" 

* of certain Commiffioners appointed, on both Parts, for" of 'his Parl 

* that Purpofe; yet the King would not conclude anyJiamentconcem- 
Thing without the Confent of his Lords and Commons; ^ eace with 
' wherefore he demanded of them, in the King's Name-, 

* Whether they would affent and agree to a Peace, if it [ 283 ] 
' might be had by Treaty?' To which the Commons 
anlwered, with one Accord, * That what mould be 

' agreeable to the King and his Council in making of 
c this Treaty, would be fo to them.' But the Commons 
being afked again, * If they confentcd to a perpetual 
' Peace, if it might be had ?' They all unanimously 
cried out, Oil, oil, Yea, yea. Upon which Dr. Michael 
Northburg, Keeper of the Privy Seal, commanded Dr. 
John de Swineley, the Pope's Notary, to enter this in 
a public Inftrument, which was to be laid before the 
Pope at Avignon. 

Mr. Tyrrel obferves here that Parliamentary Proceed- 
ings were not then reduced to that Form and Regularity 
which they have been brought to fince that Time ; the 
Commons here giving their Opinions, viva Voce, and 
in the Prefence of the Lords, to what the King demand- 
ed of them. He adds, That, for Redreis of Grievances, 
he can find none, but what had been done in the pre- 
ceding Parliament. 

In this Parliament it was that the Lord Roger Morti- Attainder of 
mer, Grandfon to the famous Roger Mortimer, who was ar r 
attainted and executed three-and-twenty Years before, ve 7fed." 
was reftored to Blood, and the Judgment againft his faid 
Grandfather reverfed, as being contrary to Law e . The 
like Favour alfo Richard Fitz- Alan, Son to EdmundQzA 
of Arnndele, who had been attainted in the Beginning 
of this Reign, obtained on Behalf of himfelf and his faid 
Father. Which Examples, fays Tyrrel, may ferve to 
{hew us, that it is the Duty of fucceeding Parliaments 
to correct and reverfe whatfoever hath been and 
too feverely enadted by thofe that preceded. But as 
thefc, and fome others before mentioned, were all at- 
tainted for the mifguiding and even murdering of his 
Father, it muft feem ftrange in this King to pardon, or 
reftore, any of them. 

C See before, p. zc6, zzz. 

*o2 The Parliamentary HISTORY 

K. Edwardlli. Tho' neither the laft-named Author nor Dr. Brady 

e've us any Petitions from the Commons for Redrefs of 
rievances this Parliament, yztjo/hua Barnes is not fa 
iilent in the Matter, and, from the Records themfc -Ives, 
has given a great many Petitions, which the Reader 
may take as follow : 

The Commons' Petitions, with the King's Anfwers thereto, 

were thefe : 

Petitions of the Commons. That the Juftices of the Peace be of the 

ommons * bed of every County ; and that upon the difplacing 

' any of them, others be put in at the Nomination of 

* the Knights of the faid County ; that they fit, at leaft, 
' four Times every Year, and that none be difplaced 

* but by the King's fpecial Command, or the Teftimony 
of his Fellows h . 

King. This firfl Petition is reafonable, and the King 
will fee that it be. done. 

r 2 g, -i Commons. ' That the Surplufage of the Fines of the 
< Statute of Labourers may be intirely diftributed among 
' the Poor of the whole County, and not to poor Towns 
' only. 

King. It fnall be parted among the poor Towns only. 

Commons. * That the Writ of Eftreat may lie in every 
c Action where the Party (hall recover Damages of 
' Eftreats after the Writ purchafed. 

King. The old Law Jhall be continued. 

Commons. c That Remedy may be had In fuch Cafes 
c where the King receiveth the Profits of the Ward's 
' Lands, as well of Soccage as otherwife, where no Part 

* of the fame is holden ot him. 

King. The Law heretofore ufed Jhall continue. 

Commons. ' That it may be ordered whether the Te- 
4 nants of fuch as hold by Barony, and are fummoned 
' to Parliament, (hall contribute to the Payment of 
' Knights' Fees coming to Parliament. 

King. As heretofore^ fa the fame foallbe. 

Commons. l That prefent Pay be made of all Purvey- 
' ances, being under 2Qs. and of greater within one 
Quarter of a Year, and that Purveyance be made 
' without Malice. 

King. It is good to make Payment according to the firft 
Point t und to redrefs the fecond. Com- 

h This Petition and Anfvver is not in Barnes, but is on the Rolls, 

^ENGLAND. 303 

Commons. ' That all Sheriffs be charged to make pre- & Edward HI* 
< fent Payment for all Purveyances for Calais. 

King. The Demand is reafonable. 

Commons. ' That any one attainted upon a Writ of 
' Oyer and Terminer may bring his Attaint, pending his 

* Suit againft the other. 

King. The Lords will not alter the Order of the Law. 
Commons. * That the Lords of the Marches of Wales 

* do fuffer no Diftrefles to be made on any Englishmen 

* coming into Wales, for any other Men's Debts, if he 

* be no Debtor, Trefpafler, or Surety. 

King. As heretofore, fo the Law Jhall be. 

Commons. < That no Inqueft upon Confpiracy, Con- r 28- 1 

* federacy, Maintenance, or fuch-like, be returned, but 
' by the Sheriff, of the moft lawful Men, and nigheft in' 
that Part of the Country where fuch Ads are laid ; 

* that all Evidences therein be given openly at the Bar, 
' and that no Man fpeak with the Jury after they depart 
' therefrom. 

King. This la ft Petition is agreed to. 

Commons. * That the King will appoint a Time when 

* the Coin (hall be made finer h . 

King. With Opportunity the King meaneth the fame. 

Commons. That the King have the Forfeitures of 
e Widows Dowagers j but not of fuch as hold jointly . 
' with their Hufbands. 

King. The old Law ft) all Jl and. 

Commons. * That the Writ of Appeal brought, pending 

* another, may abate the other. 

King. The Common Law therein ufed /hall continue. 

* Com- 

h Now, for the better underftanding of this Petition, it is to be noted, 
that, about' four Years before this, William Edir.don, Bifliop of Wincbefter, 
the Lord-Treafurer of England, had caufed Groats and Half-Groats to be 
coined, to the People's great Difadvantage $ for they wanted fomething of 
the jurt Sterling Weight. This occafioned the Price of all Things to be 
very much enhanced; whereupon, at the Commons' Complaint now in 
Parliament, the King promifed to redrefs their Grievance the firft Op- 
portunity. Yet however, many Times after thofe Days, the like Practice 
had been ufed, infomuch that now Five Shillings fcarcely contain fo much 
Silver as five Groats had three or four Hundred Years ago ; fo that it is no 
Wonder, if Things be fold at treble the Price which they held at that 
Time. For hereby a lib it comes to pafs, that the Prince and Nobility can- 
not poffibly maintain their Eftates with their antient Rents and ftevemi'i, 
becaule, trio' they bring them in the old Tale and Number, yet they fall fur 
fhort in the due Weight and Quantity of tin:es's Edtcardlll. 

See Hollingjhead': Eitg. Cbrtn. p. 948. Allb Ccrfw/Vs Catalogue tf Bi- 
Jbopt, p. 234. 

304 'The Parliamentary HISTORY 

K, Edward III. Commons. ' That Weights and Meafures may hence- 
' forth be made in the City of London, fo as all Counties 
' do conform themfelves according thereto. 

King. There is a Standard in the Treafury, where 
every Man readily may have the fame. 

Commons. ' That the Writs of Chancery may be at 
reafonable Prices ; and that the Clerks of the Crown, 
' and others for Commiffion and fuch-lilce, do content 
"f 286 ] ' themfelves with the King's Allowance. 

King. As heretofore the fame J})all be. 

Commons. ' That Fines for Writs may be reafonably 
' made in every of the King's Courts. 

King. The Chancellor Jhall do as heretofore. 

Commons. ' The Commons beyond the Trent require 
4 that the Juftices of the one Bench or of the other, may 
' yearly come twice amongft them, for taking Cogni- 

* zance of Fines and Letters of Attorney of the Unable. 

King. The King will be advifed. 

Commons. * That Labourers may take Corn for their 

King. The Statute made faall be obferved. 

Commons. ' That the Staple may always continue in 
< England. 

King. The fame Jhall fo continue till the next Parlia- 
ment, not to be altered without the djjent of the Parliament. 

Commons. ' The Merchants Strangers require, that 

* the Ordinances of the Staple may be executed fpeedily. 

King. The King willetb the fame. 

As it has been ever found that neither Peace nor 
the Truce, Truce can be had from the French which they will 
not break at their firft Conveniency ; fo now, the Treaty 
of Peace being ended ineffectually between the two 
Crowns, Prince Edward was fent over again with a 
powerful Army, the next Spring, who took manyTowns, 
and burnt and ravaged the Country in a terrible Man- 
. ner. In Summer the King went in Perfon, and he was 
287 ] carrying on his Conquefts very faft, when a Diverfion 
was made in Scotland, a Parly of Scots having, by Sur- 
And the Scots prize, taken the important Town of Berwick, and made 
Revolt. fome Inroads into England. 

Before the King went over into France, he fent out 
bis Writs of Summons for a Parliament to meet on the 

1 2th 

of E N G L A N D. 305 

12th of November following; about which Time Edward, K. Ed-ward III. 
being at Calais, heard of the Lofs of Berwick, and pre- AnnoRcgni agt 
pared himielf not only to meet his Parliament, but to re- , 35S . 
cover that Town : However, it was not till the 25th of 
that Month that he could get to Wejlminfter, to which 
Time the Parliament had been put off, by feveral Ad- 
journments. Being at length all aftembled, the Lord Chief 
Juftice Sharejhall told them, That it was his Majefty's 
Pleafure that Sir Walter Manny (hould declare to them 
the prefent State of the King's Affairs, being beft able to 
do it ; and he accordingly deliver'd himfelf to this Effect 1 *. 
He firft gave them an Account of the late Treaty 
' before the Pope, and how it had been broke off by 

* the Obftinacy of the French Commiflioners : That, 
in order to conclude a Peace, he had fent the Duke 

* of Lancajhr, with others, to the Pope's Court at red. 
' Avignon ; and that, during his Stay there, the King of 

' Navarre had complained to the faid Duke of fundry 

* Damages done to him by the French, and affirmed, 
' upon Oath, that he would willingly enter into a League 
4 with the Englijk againft them ; and, for Affurance of 
' the fame, engaged himfelf to meet his Majefty at the 
' Ifland ofjerfey with as great Power as he could raife: 
' That the King, upon the Return of the faid Duke, 
' and Knowledge of the Affair, with a great Army and 
' Navy, fet Sail from the River Thames towards Jerfey ; 

* but, beina; beat back by contrary Winds, he was driven, 
' with much Hazard, into Portfmoutb, where he ftaid till 

* he was credibly informed that the faid King of Navarre 

* had actually made his Peace with the Enemy of France. 

* Upon hearing alfo that the French was marching a 
' ftrong Army towards Calais, the King went over 
' thither, in Hopes they would give him Battle, accom- 
' panied with his own Army, and joined there by the 
' Forces of his German Allies : That, on All- Souls' Day 

' laft paft, the King marched towards the Enemy and [ 2 gg J 
c offered them Battle, which the Enemy took all Ways 

* pollible to avoid, whereupon the King wafted and 
' ipoiled the Country ; but rinding his Army to languifli 
' for want of Provifions, was obliged to return back to 
' Calais, where he paid off his mercenary Troops, and 

* came hither to meet his Parliament.' 

VOL. I. U After 

a He is called, in the Record, Monf, tfauter de Manny. 

306 The Parliamentary HISTORY 

K. Edward III, After this Speech was ended, the Lord Chief Juftice 
addrefled himfelf to the Commons to this Purpofe : 4 He 
required them to weigh and confider well the King's 
unwearied Conftancy in labouring for their Defence ; 
that he was now ready, alfo, to repell the Infolence of 
the Scots^ who had furprized, in his Abfence, the Town 
of Berwick, as he had been inform'd : He defired them 
therefore to confider how he might be enabled not only 
to fubdue entirely that ftubborn People, but alfo how to 
attain an advantageous Peace with France ; which he 
much wifti'd for, to his own Honour and their Quiet and 
Benefit.' He concluded with giving them Time till Fri- 
day following to bring in their Anfwer, and, in the mean 
while, to prepare their Bills and Petitions to be laid 
before the King in Parliament. 

On the Day appointed the Commons came into the 

Whereupon the White Chamber, at Wejlminjler-, and, having had a fhort 

ScTsupSr? Conference with the Lords, in the King's Prefence, they 

' unanimoufly granted the King the Subfidy on Leather, 

Wooll, and Wooll fells, for fix Years to come ; provided 

that no other Impofition or Charge be laid upon them 

during that Term. This Tax was no lels than 50 s. on 

each Sack of Wooll that fhould be exported; by which 

fole Grant, fays an Author, the King was able to expend 

jooo Marks a-day, on a juft Calculation, there being 

no lefs than 100,000 Sacks yearly exported by the En- 

glifo Merchants in thofe Days '. 

Petitions of the Commons, ^vith their Anfwers. 

And die Com- Petition. ' That the Great Charter, and the Charter 

mons prefentfe-* of the Foreft, in all Points, fhall be kept : That the 

veral Petitions. < Statute, that the Staples fhall always be within the 

f 280 1 ' Realm, fhall be obferved : That the Statute made for 

e yearly removing Sheriffs b^ obferved : And that the 

* Statute made for Purveyors be kept. 

Anfwer. The King willeth the fame. 
Petition. * That whereas the Commons have granted 
' to the King 40*. of every Knight's Fee in Aid to make 

* his Son a Knight, the Exchequer demandeth the fame, 
' as well of Meihe Lords, as of the Tenants in Demefne, 
' againft Reafon ; wherefore they pray Remedy. 

Anfwer. The right Ufe of the Exchequer is to be kept. 


HoIlingJbeacTsCbron. p. 383. Stnoe fays the faid Grant extended 

nly to 1 50,000 /. Sterling, p, 255. 

of E N G L A N D. 307 

Petition. * That no Man's Land, being bought in theK, Edward III t 
' Time of Henry III. which was before the Statute of 

* Prerogative, may be feized into the King's Hands by 

* Efcheators d . 

Anfwer. Let ibis be more particularly declared to the 

Petition. * That the Juftices of the Peace may deter- 
' mine Weights and Meafures. 

Anfwer. The Statute made Jhall be obferved. Such 
*Jufticc$ Jhall make no Deputies; neither Jball the Sheriff^ 
Coroner , or fuch-like^ be a Ju/lice. 

Petition. ' That the Points of Confederacy may be 
c declared, confidering how the Judges judge rafhly 
' thereof. 

Anfwer. None Jhall be punijhed for Confederacy^ but 
where the Statute fpeaketh exprejly upon the Point con- 
tained in the Jame Statute. 

Petition. * That the Juftices of Goal- Delivery, on 

* an Indictment of the Coroner coming before them, 
' may award the Exigent. 

Anfwer. The old Law Jhall Jl and. 

Petition. ' That fuch Perfons of the far North 
' Countries, as upon Appeals join Iflue on Good or Evil, 
' may try the fame by Nift Prius ; confidering that the 
' Jury will not appear in the King's Bench. 

Anfwer. The old Law ufed Jhall be kept. 

Petition. ' That Remedy may be had againft fuch as, 

* to defraud their Creditors before Judgment, do convey 

* away their Lands and Goods. 

Anfwer. The Statute therefore made Jhall be obferved. 

Petition. That Writs of Attaints may be had of C 2 9 3 

* Verdicts given in other Courts. 

Anfwer. The old Law Jhall be obferved. 

Edward being thus enabled by this laft great Aid to 
purfue his Enterprizes, and the Parliament having dif- 
patched the King's Bufmefs and their own, and all in 
the Space of four or five Days, they broke up, and the 
King marched immediately for Scotland, where he foon 
retook Berwick, and performed feveral other martial 
Exploits in that Kingdom, not to our Purpofc to relate. 
U 2 There 

1 Sec before, p, 147, et f 

308 "The Parliamentary HISTORY 

K., Ed-ward ill. There is fome Mention of a Parliament's being called 
to fit at Wejlminjler in our Statute- Books, 31 Edw. III. 
Anno 1357, though the Records are altogether filent 
about it ; wherein, for the King's Pardon to the Com- 
mons, for the Efcapes of Felons, &fc. a Fifteenth was 
granted. Here are alfo feveral Statutes and Ordinances 
relating to the Herring and other Fifheries e . 

We have alfo met with a very ftrange Call of a Par- 
liament by this King's Writs, in the 34th of his Reign, 
Anno 1359, and during the hotteft Part of his French 
Wars, to meet and fit to do Bufmefs at different Cities 
and Towns in the Kingdom, and near at the fame Time. 
The Occafion of fummoning thefe different Meetings, 
which is a Circumftance very rare, if not a fingle In- 
ftance, feems, by the Tenor of the Writs, to be for get- 
ting Money to pay the Militia then raifing, in order to 
repell an Invafion then threatened from France. And 
becaufe the whole Body of the Commonalty could not fo 
fpeedily be drawn together to one Place as the Occafion 
required, therefore Meetings of the Knights, Citizens, 
and Burgeffes were appointed at Wejlminfler, Worcejler^ 
Lincoln^ Taunton, Leicefter, &c. and the Sheriffs were 
directed to return them accordingly f . There is not a 
Word of this ftrange Call entered on the Rolls of Par- 
liament ; nor can we learn what Monies were raifed, or 
what other Bufmefs was done at thefe Meetings ; yet 
that there were fuch, is indubitable from the Authorities 
below recited. 

Next follow what is call'd, in the Manufcript we quote 
from, CommiJJlo Delegatorum Pr&fidenti urn />JWygorn. 
to the Commifiioners that were to prefide at this Meet- 

Rex dile&is et fidelis fuis Epifcopo Wygorn. 

Abbate de Evejham, Ricardo Com. Arundele^ 

Willielmo de Sharejball, Salutem. 

/^U ' M nuper, tarn ante PaJ/agium nojlrum ad Paries 

Francie quam pojl audito quod Inimici noftrl in diver/is 

Partibus ad invadendum bcfliliter Regnum nojlrum^ in 


e See Hawkins's Edition of the Statutes at large, p. 273, &c. 

f Pro eo quod tota Communitas Regni in uno Loco, in bre'vi Tempore, con- 
venire rtcn potejl, Miliies, Gives, et urgenfes fut;:moniti fucrunt-ad Weft- 
pionafterium, Wygorniam, Taunton, &(. 

of E N G L A N D. 309 

Abfentia noftra, tarn per Terrain quam per Mare^ fe pa- K. Edward ill. 
rarunt, pro Periculis, qua ex hoc nobis et ditto Regno 
nofiro evenire pojfint, evitandum, per nos et Concilium 
no/irum ordinatum fuijjet quod certa Arraicio Hominum 
ad Arm a et Sagittarum, per cert as Ft 'deles nojlros ad hoc 
depuiatos in fingulis Comitatibus ejujdem Regni fiat\ ita 
qusd dicJi Homines ad Arma et Sagittarum, bene arraiati 
et muniti, prompti Jlnt et parati ad proficij/endum in Ob- 
fequitim noftrum pro Salvatione et Defenjione dicJi Regni y 
contra dittos Hojies no/tros,Ji idem Regnum noftrum inva- 
der e prefumerint. 

Et quod tota Commiinitas ejufdem Regni, &c. ut antea. 
Tefte Rege apud Weftmonajierium 10 Die Feb. 

To appear at Worcejler on the Wednefday next before 
St. Cutbbert-y at Wefiminfter* on the Monday before St. 
Gregory, &c. At the fame Time Writs were direfted 
to the Sheriffs of different Counties neareft their Places 
of Meetings. 

About this Time our general Hiftories are fufficiently 
taken up with the Recital of the Victories obtained by 
the Black Prince over the French ; efpecially that of the 
Battle of Poifiiersy where the whole French Army was 
entirely defeated, and their King (John) taken Prifoner 
by this martial Hero. The Englijh Court was now in 
its greateft Splendour, having two Kings Prifoners ac The Kin s s f 
the fame Time. David King of Scotland had been van- EjbS'tSw 
quifh'd and taken Prifoner by a Woman ; Queen Phi- Prifoners. 
lippa, in her Huiband's Abfence, having performed that 
Exploit at the Battle of Durham, and fhewed herfelf 
worthy to be the Wife and Mother of fuch a Hufband 
and fuch a Son. 

In the Year 1360 King Edward kept his Chriftmas Anno Regni 35. 
ti.H f odftotk in great Splendour; and on the 25th of 3 6l 
"January, the next Year, he met a regular Parliament at MWtfimi*fttn 
Wejlminjler, which had been fummoned to appenr there 
about two Months before. Here the Articles of Peace, Pce with 
concluded between John King of France and the King 
of England^ were communicated to the whole Affembly, 
U 3 and 

g Pat. 34Edward III. p. I. in, 30. dorfo. But this was transcribed 

from a Manufcript Volume of Mr Hymer's collecting : There are 59 of 
them, of which fee a Cat Jogue in the fcedtra Anglicana, Tom. XVII. 
'Jhsy are cow all repofitcd in the Britijh Muj<gum ) Vol. IX, N, j, z, 3. 

gio The Parliamentary HISTORY 

K. Edward III. and both Lords and Commons were highly fatisfied with 
the King's Conduct in the Affair. Thefe Articles, 40 
[ 291 ] in Number, are to be found in Brady, Tyrrel, and other 
Hiftorians, but are not any Thing to our Purpofe : By 
thefe Means, however, the French King was releafed 
from an Imprifonment of four Years, and was honour- 
ably fent back to his own Country g . 

The Manner of The Ceremony of the Swearing to keep this Peace, 
Swearing to the by the Kino;* Lords, and Commons, beino- fornewhat 
efeof anCe fag" 1 ^ deferves our Notice. On the laft Day of Janu- 
ary t the Archbifhop of Canterbury celebrated the Mafs 
of the H-cly Trinity, in the Abbey Church at Weftmln- 
JJer, with great Solemnity ; the King, Prince, and the 
whole Body being prefent at it. In this Mafs, fays 
Barnes? there was this fmall but comprehenfive Text of 
Scripture, Brethren rejoice, be perfeR, be of good Com- 
fort > be of one Mind ; live in Peace, and the God of Love 
and Peace Jhall be with you, &c. After which, the King 
and his Sons (landing up before the French Hoftages, 
Torches being lighted, and CrofTes held over the Eu- 
charift and Mlffal, the Peers took the Oath, which they 
read from certain Papers or Scrolls, held in their Hands, 
and figned by themfelves ; the Archbifhop beginning in 
this Manner, We Simon, Archbijbop of Canterbury, do 
fwear upon the Hsly Body sf our Lord and his Holy Go- 
fpel, firmly, as much as in us lies, to keep the Peace and 
Concord agreed on betwixt the -ituo Kings, and to do no- 
thing contrary thereto. This being done, every Man, as 
he took the Oath, delivered up his Scroll to the King's 
Notaries, to be laid up as Witneffes to Pofterity. The 
French King caufed his Eftates and Lords of Parliament 
to fwear to the Peace in like Manner ; then both Kings 
fent their Ambaffadors to the Pope for the Apoftolical 
..* in--,* ". Sanction- to it , and thus, at laft, this long, expenfive, 
: " and bloody War, was terminated by a Peace, as fully 
eftablifhed. fays 'Barney as ftrongly bound on Earth, as 
human Wifdom, or Authority, could devife or lecure. 


8 In this Parliament the King reftored the Poficffions of the Alien Mo- 
naileries to them again, which he had taken into his Hznds at the Cegin- 
ning of the French War, above 20 Years before A ''are Example. : 
Hiftorian. of Juftice in this Kiog, it being feldom known that a Piince 
will part with any Thing he hath once gotten. Sam. Daniel in Ketmef, 
p, 2z8. 

It feems this Parliament was only called to ratify this Peace, for it is 
not entered on, the Rolls. 

^ENGLAND. 311 

The Nation beginning now to enjoy the Fruits o f K - - E '< /wWIIr ' 
Peace, the King called another Parliament, to meet at [ Z 9 2 ] 
Weflmlnfter on the I3th of Oftober the next Year ; Anno Regni 6f 
where all the Peers were exprefly commanded to appear 
in Perfon, and not one Proxy permitted. This Sefiion 
lafted a full Month *> ; in which Time, fays Barnes, he 
made more good Laws, and beftowed more A6ts of 
Grace upon his People, than fome other Kings have 
done in their whole Lives. 

The Caufes of this Affembly were declared, by the 
Lord Chief Juftice, then Sir Henry Green, to be, ' For 
' the Redrefs of Matters relating to the Church ; for 
* Obfervation of the Peace ; for fettling Affairs with 
' Scotland ; and for enhanfmg the Price of Wooll.' All 
which were then very well ordered, as may be feen in the 
Records and printed Statutes of this Year. The Staple 
of Woolls was appointed, tho' not by exprefs Statute, 
yet with the Confent of both H6ufes, to be removed 
from London to Calais. For we find, by the Records, The Staple re-' 
that when the Lords were commanded to ipeak, ' What moved to Calais. 
they thought of the Merchants removing to Calais ?* 
They all agreed, ' That it feemed to them to be a Mat- 
' ter very profitable to the Realm.' The Commons, 
indeed, demurred a little at the firft, till they could talk: 
with fome Merchants about it ; but, at laft, they com- 
plied with the Lords alfo. Whereupon the King fent 
over twenty-fix of the ableft and moit confiderable Mer- 
chants in the Kingdom, to hold the Staple there for three 
Years. Thefe Merchants were alfo ordered to keep 
and defend the Town, every Man having a Guard of fix 
Men at Arms and four Archers at the King's Charge. 
Befides the Mayor of the Town, the King, by his Char- 
ter, conliituted another, called the Mayor of the Staple 
of Calais ; the King being to receive 2OJ. and the afore- 
faid Merchants, Wardens of the Town, 40^. more, as 
Cuftom, on every Sack of Wooll there bought. 

The Petitions of the Commons in this Parliament 
begin with fuch a remarkable Preamble, that we can't 
avoid giving our Readers a Trariflation of it from the 
Record it (elf, to fliew the Humility of that Body in 
thofe Days. 


g This is almofl the f;rfl Time that we could ascertain the Length of 
a Seffioa of l j urli.nient in thofe Dtjs, 

3 1 2 The Parliamentary HISTORY 

K. Edward III. < To our Thrice-renown'd and Thrice-gracious Lord 
< the King, his poor and fimple Commons befeech him 
that he would pleafe, out of his great Grace and 
Kindnefs, to have Regard to all the Grants, Charges, 
' and Damages, which his faid Commons have fuffered 
' in his Time, in order to pleafe and fatisfy his-High- 

* nefs ; and alfo the feveral Mifchiefs that have befallen 

* the faid Commons, by divers Plagues of Winds, Wa- 

* ters, and Mortality of Men and Beafts, and to grant, 
4 in Relief of the poor Eftate of the faid Commons, the 

* Petitions following : 

Firjl, That the Great Charter, Charter of the Fo- 
e reft, &c. fhould be confirmed ;' with thirty four other 
Petitions, too long to give by any but a particular Wri- 
ter of this King's Reign. 

Pleadings at Law In this Parliament was parted that remarkable Statute, 

ordered to be no c That all Pleadings and Judgments in the Courts of 

buUnf//^' 4 W'Jlmi"Jltr (hould be, for the future, in Englijh, but 

' entered and inrolled in Latin* whereas, before, they 

were wont to be in the French Language, ever fmce the 

Time of the Conqueror. It was alfo ordain'd, That all 

r 205 ] School- Mailers {hould teach their Scholars to conftrue 

in Englijh, and not in French, as they had hitherto ufed f . 

Here alfo it was enacted, That neither Gold nor Silver 

ftould be ufed in Apparel, Knives, Girdles, Chains, 

Rings, or other bodily Ornaments, by any Man who 

could not fpend io/. a-year; and that none, who could 

not fpend loo/, a-year, fhould prefume to wear Silks, 

Furs, or other precious Garments s . 


c Pcure et Jimple Commune, &c. 

f Hallingjhead 's Citron, from Caxton, p. 396. This was made on a Peti- 
tion of the Commons, That the Subject might underftand the Law, by 
which be holds tvbat be tatb, and is to undcrjiar.d what be doth, Daniel 
in Kennet, p. 229. 

But, adds that Author, though this is an excellent Aft, and worthy fo 
great a Prince, yet he had deferved greater Honour if he could have freed 
the Law from thofe Difficulties and Myfteries which render it a greater 
-Affliction to the People than a Remedy. 

g Moreover it was enabled, That no Hufbandmen or Labourers mould 
fe any coftly or dainty Difhes at their Tables, and eat but one Meal a-day. 
But thefe Sumptuary Laws had little or no Effect. Hollingjbead, p. 396. 

This Statute affected the Clergy in their Habits, as well as others. Co/- 
licr's Hifi, p. 559, from Adam Myrimuth. 

And as provident was this King for ordering and fecurinp of his own 
Treafure, committing the Cuftody of it to Confcience and Religion : For, 
by a Certificate lent to Pope Urban, Anno Regni 36, concerning Pluralities, 


of ENGLAND. 313 

On the laft Day of the Parliament's fitting, the Peti- K E**rd "* 
tions of the Commons being granted, they unanimoufly 
gave the King 265. 8 d. on every Sack of Wooll, 
for three Years, befides the former Subfidy on Wooll- 
fells and Skins. And now, Bufmefs of that Kind being 
concluded, the aforefaid Sir Henry Green declared to 
both Houfes, * That the King, being then arrived at the 
50th Year of his Age, intended to keep it as a Ju- 
bilee, and to pafs feveral Acts of Grace and Mercy to 
to his People ; he therefore granted a general and fpecial A General ASt. 
Pardon for all Crimes, Treafon itfelf not excepted, ofPardon P afs ' d 
without any Fine, or paying of Fees for the Seal ; and 
fet all Debtors to the Crown, and Prifoners for crimi- 
nal Matters, at Liberty.' The King alfo confirmed [ 2 94 ] 
Magna Charta ; which was confirmed no lefs than ten 
feveral Times in this Reign. Then the faid Lord Chief ai 
Juftice declared, that the King created his fecond Son,fum' 
Lionel, Duke of Clarence ; which Title he took in Right 
of his Wife, who was defcended from the Earls of Ctare, 
a Town and Caftle of Suffolk. Alfo, the King created 
his Son, John, Duke of Lancafter^ in Right of his Wife, 
who was Daughter and Heirefs to the laft Duke Henry ; 
and Edmund, his fifth Son, Earl of Cambridge. Then, 
having palled feveral Statutes, very beneficial to the 
Nation, particularly one for a Confirmation of an AcV 


and the Eftates of the Churchmen, in En^LtnJ, there were more Clergymen 
in Office about the King, than about any Prince in Chriftendom befide: 
For, firft, Simon Langbam, Archbimop of Canterbury, was Chancellor of 
England ; William V/ickbam, Archdeacon of Lincifn, Keeper of the Privy 
Seal j David We Her, Parfon of Sommerjham, Mafter of the Rolls ; ten Be- 
ncficed Priefts, Civilians, Matters in Chancery j William Mulfe, Dean of 
.S>. Martin le Grand, Chief Chamberlain of the Exchequer, Receiver and 
Keeper of the King's Tieafure and Jewels ; William Afoby, Archdeacon of 
Northampton, Chancellor of the Exchequer ; William Digbton, Prebendary 
of St. Martins, Clerk of the Privy Seal ; Richard Cbefterftld, Prebendary 
of St. Stephens, Parfon of OundU, Mafter of the King's Wardrobe} Jbn 
fJevonbam, Parfon of Ffnny-Stanton, one of the Chamberlains of the Ex- 
chequer, and Keeper of the Treafury and Jewels ; John Roivjby, Parfon 
of Harwich, Surveyor and Comptroller of the King's Works j Tbomat 
1'iriningham, Parfon of AJhby, Treafurer to the King for the Parts of 
Caifncs and Maiches of Calaii } and John Trays, Treafurer of Ireland, * 
Prieil, and benetked there. Tbefe Men, who were deflitute of Feminine 
Allurements to Exfenct and Pomp, and de-voted to pious Thriftmefs, were 
though: the f'.tejl to be truftcd with bis Riciet by this wife King. Daniel 
in Kennet, or rather Bift/op Kennet on Daniel. 

If this laft Sutute mentioned in the Text and that in the foregoing Note 
verc palled this Pailiament, they are not entered on the Rolls. 

This Aft is entered on the Rolls, Sec alfo Statutes at large, 36 Ed- 

tVuTt/III. X, 

L 295 ] 

*rhe Parliamentary HISTORY 

made in the fourth Year of this King, for holding of 
annual Parliaments, or oftncr if Occafion required ; and 
alfo performed thofe Adls of Grace, already mentioned, 
the King diffblved this Parliament, and fpent the reit of 
the Year in all Kinds of Merriments and Diverfions k . 

The next Year the King iflued out his Writs of Sum- 
mons, dated June 10, for a Parliament to meet at 
Anno Regni 37. IVeftmlnfter, on the 6th Day of Qttober following: when 
J 3 6 3- thete not being a full Appearance of Members, the 
At Weflminfter. Houfes were adjourned to Friday following : At which 
Time Simon Langbam, Bifhop of Ely, and Chancellor 
of England, declared before the Lords the King's Rea- 
! fons for calling this Parliament in the Englijb Tongue ! , 
according to the Record. He faid, ' That the King was 
* defirous to know the Qrievances of his Subjects ; and 
' particularly, that he might, by their Advice, redrefs any 
' Wrongs that had been don*e to Holy Church ; alfo, to 
' reform all Enormities, efpecially about the Manner of 
e . exhibiting Petitions in Parliament.' Then the Com- 
mons gave the King their moft humble Thanks for the 
great Good nefs he had fliew'd and confirmed unto them 
the hft Parliament; and humbly prayed ' That the King 
would enjoin the Archbifhops, and all other of the Cler- 
gy, that they would put up their joint Prayers to Al- 
mighty God for the Profperity of his Majefty, in order 
to the Peace and good Government of the Land, and 
for the Continuance of his Majefty's good AffecTions 
towards his Commons.' As for their Petitions to the 
King, and his Anfvvers to them, they may be feen in 
Prynnc's Abridgment, and in *Jofhua Barnes. We do not 
find any Subfidies were afked or given this Parliament; 
and for the Laws made in it, they are alfo in the Statutes 
tt large. 


* The elegant Italian Hiftorian fums up thefe A$s of Grace in this 
Manner, Exulci rc-vscavit, Pardueiiibits /"/.>.r.'V, (.':,/;:;/;'..- r,;. 
^onditiath Maleftciorum Pcenis. Lcgfs sli p^t f.ilittai -es tuiit ; l'i'. 
t':m, a Major i bus Populo irrogata, q:,. ' ::;z Charts IiKixur.itatei 

vccitar, de:r,tc^ro concept. Pol. Veig. L/?.'xix. p. 385. 

The Title of the Statute is, De Pardtn'atione F'i.ffa Cetnmam'tati Anglire. 

The famous Cuftom of our Kirgs wj/ning the Feet and cloatliing Ib 
many poor Men, on Maunday Iburfdjy, as the} 1 were Years old, now 
ttthjt-yutilee. Speeds Cb'rin. p. 584! ni.'Perg.'u. 

1 Fe-jrent nontlrfr en Eng'.eys ; which plainly fhews that ail t'oimer De- 
lautions of this Kind were mads in Frrxil>. 

of ENGLAND. 315 

It is obfervable that this Parliament continued, by K, Ed-ward HI. 
Prorogations, 'till the 36 of November; when the Lord- 
Chancellor, in Prefence of the King and both Houfes, 
declared, 4 That the King was now refolved to execute 
' the Statute of Apparel, and therefore charged them 
' all to promote the fame.' Thefe Statutes of Apparel 
were made and pafled in this Parliament. They con- 
fift of (even Articles in the Record, and as many Chap- 
ters in the printed Statutes. They were to regulate the 
Drefs of all Manner of People ; from Knights and 
Ladies of 400 or 200 Marks a-year, down to Plough- 
men and Servants, the Clergy not excepted. The 
feveral Editors of the Statutes at large have not pre- 
fumed to tranflate any of thefe Articles out of their ori- 
ginal French^ neither {hall we ; becaufe the Terms of 
Fafhions in thofe Days are not to be rendered into any 
other Language at preterit. 

When all was concluded the Chancellor demanded of Difference be. 
both Houfes, ' Whether they would have fuch Matters tween an rdi ' 

;. nance and a Sta- 
' as they agreed on to be by way of Ordinance or of tu te. 

' Statute ? They anfwered, * By way of Ordinance, 

* that they might amend the fame at their Pleafure.' By 
which the Reader may obferve the Difference between 
an Ordinance and a Statute, the former being looked 
upon as a Temporary, the other as a Standing, Law k . 

On the 4th of December, in the Clofe of the Year 
1364, King Edward fent forth his Summons for a Par- 
liament to meet him at Weftminjler, on the Octaves of 
St. Hilary, or 'January the 2 1 ft, following. On which 
Day, being met, they were, by Proclamation, adjourned 
to the next Morning in the Painted Chamber, there to 
hear the King's Pleafure. At which Time Biihop Lang- I 2 9 ] 
bam, Lord- Chancellor of England, began a long and 
formal Harangue, taking for his Text that of the Royal 
Prophet, Faitbfu( Judgment doth adorn the Kings Seat. Anno Re s ni 39 

* From whence he took Occafion to extol the great Va- 

* lour of the King his Mafter, and the many Victories 
4 which, by God's Afiiftance, he had gain'd in his Youth; 

* not forgetting the conftant and dutiful Good-will and 

* ready 

fc In this Parliament: it was enacted, That Poultry ihould be Told in the 
following Manner; a young Capon for 3 d. an old one for 4</. a Hen for 
2 d. a Goofe tor 4^. This Parliament lat but fiem-Ofio&er 6th to the 3^ 
vf November following. 

316 ^The Parliamentary HISTORY 

.c re ady Concurrence of the King's loyal Subjects, (o- 
' wards the Furtherance of thofe his important Under- 
' takings. For all which, as the King did now, by him, 
' return them his hearty Thanks, fo he let them know 
' that, for his Part, he was refolved to feekthe common 
' Peace and Tranquillity of all his People; efpecially 
' by enforcing a due Obfervance of all good and whole- 
* fome Laws, and amending fuch of them as fhould be 
' thought defective ; as alfo by eftablifhing new ones as 
' Neceffity fhould require.' 

They then proceeded to appoint Receivers and Try- 
ers of Petitions for England, Ireland, Wales, &c. as 
alfo for Aquitain, and other Foreign Countries. Which 
done, the King himfelf fpoke to the whole Aflembly ; 
and this Speech, being a very remarkable one, and the 
firft, on Record, that ever came from this King, we 
fhall give verbatim, as near as the Nature of the two 
Languages will admit of; obferving, that the Speech is 
not entered, in the Record, as the King fpoke it, but 
only as the Subftance of what he did fpeak. 

King's "JTT'Hereas perfonal Citations, weak and falfe Suggef- 
tioM have hee " '' m * D mttde t0 tkf *'* 



jnents of the See ctgainjl all Manner of Perjons in this Realm, for Caufes 
f Rome. connviffable in the King's own Court ; and that Provifions, 

made in the Court o/"Rome, have been procured for Bene- 
fices in Holy Church, belonging to the Difpofal and Dona- 
tion of the King and oihtr Patrons in this Kingdom ; and 
alfo to Churches, Chapels, and other Benefices appropriated 
to Churches Cathedral and Collegiate, Abbies, Priories, 
Chantries, Hofpitals, and other poor Houfes ; by which 
Suggejiions the Laws, Ufftges, and antient Cujloms and 
Franchifes of this Realm have keen very greatly objlruti- 
ed ; the King's Crown and Dignity debajed ; bis Perfon 
fcandalized ; the Goods and Riches of the Kingdom tranj- 
ported ; the Houfes and Dwellings on Livings wajhd and 
defiroyed ; Divine Service, Alms, Hospitality, and other 
Works of Charity, either neglefted or lejfened, and a Mul- 
titude of other Evils and Mifchiefs muji happen and daily 
come upon us : For which Reafon the King prays the Pre- 
lates, Dukes, Earls, and Barons, from whom he had 
Always found Loyalty and good Counfel, that they would 
him as to theje Grievances agalnjl him, the Rights 

c f 

of E N G L A N D. 317 

efbis Crown, and of fever al other Perfons In the Realm: K. Edward III* 
'That they -would confult together firjl, and afterwards 
with the Commons, and come all before him in the White 
Chamber, and give htm fuch Advice as feemed left to 
preferve his Dignity , the Rights of his Crown, and thofe 
of his People. 

Three Days after the whole Body came before the 
King as directed, and brought with them a Bill they 
had framed againft thofe Papal Encroachments, of which 
an Act was made and pafled in this Parliament. 

The Reafon of the King's delivering this Injunction [ 297 ] 
to his Parliament, viva Voce, was, becaufe any Man, of 
lefs Degree than himfelf, would have been in Danger Whereupon an- 

c i? i r n- i /- r c ^ A \ -L other Statute it 

of an Eccleiiaitical Cenlure for doing it. An Act vvas madeaga j n ft.h 

however made accordingly, and pafTed this Seflion, Pope's Provlfi- 
which may be found in our printed Statute-Books, agree- cns 
ing with the Record ; except that, as the Editor of the 
Abridgment obferves, his Holinefs is ufed with much 
more Freedom, by feveral biting Exprefftons in the Re- 
cord, which are not to be found in the Print; a My- 
ftery, adds he, not known to all Men a . This feems to 
be an unjuft Reflection of that good Proteftant Mr. 
Prynne ; for whoever will take the Pains to compare the 
one with the other will find no fuch Difference as he 
fpeaks of. 

The Petitions of the Commons, with the King's An- 
fwers to them, come next in the Proceedings of this 
Parliament ; the moft remarkable of which are thefe : 

* The Commons pray, That 35. 4.0". laid upon every 
' Sack of Wooll at Calais, and all other unreafonabie 

* Tmpofitions, may ceafe.' Anfvver. The King willetb 
that unreafonabie Impofttions may ceafe. It was alfo then 
agreed, That the Staple being removed from Calais, one 
(hould be held at Melcomb- Regis, and another at //>/- 
wich ; and that all Merchants and others might ihip 
Woolls at Lewes, for their Eafe, or in other Places. 
The Bufmefs of this Parliament being nnimed, the King 
gave Thanks to the Lords and Commons for their good 
Affections to him, and, on the i6th Day of February^ 
difmillcd them to their own Homes. 

a Abridgment of Rcjronts, p. 100. 

318 The Parliamentary HISTORY 

K. Edward ill. The Stroke made at the See of Rome in the laft Par- 
liament could not be infenfibly felt in that Quarter ; ac- 
coidingly we find, in the next, how warmly it was re- 
fented. For, 

Anno Regni 40. ^ n the 3 ot ^ ^ March, in his fortieth Year, King 
1366. ' Edward held another Parliament at Weftnnnjler -, at the 
opening of which, in the Painted-Chamber, the Bifhop 
of Ely b , Lord-Chancellor, declared, in Prefence of the 
Lords and Commons, the Reafons why this Parliament 
was called ; which, in Effect, were thefe : ' That lince 
' the King had fent his eldeft Son, the Prince of IVales^ 
'to govern the Country of Aquitain, as alfo the Duke 
' of Clarence, his next Son, to be his Lieutenant in Ire- 
c land, his chief Care now was how he might govern 
his People at home in the beft Manner.' After which 
both Houfes proceeded to nominate Receivers and 
f 298 ] Triers of Petitions as ufual, and adjourned to the next 
Day ; when the Chancellor, in the Prefence of the King, 
Lords, and Commons, fpoke again and told them, 
* That he had the Day before informed them, in gene- 
' ral, of the Occafion of their Meeting, and that now 
foms^th" 8 ?- ' the y ft 101 ^ know it more particularly, the King ha- 
liament that the* ving a Matter of great Importance to communicate to 
Pope intended to < them. His Majefty had lately received Notice, that 
cite him to do < the p j n Confideration of the Homage which John 

Homage for his r ' J 


__. _ . . . . . . _ 

King of Lngland* had formerly paid to the bee of 
Rome, for his Realm of England and Dominion of 
Ireland, and of the Tribute by him granted to the faid 
See c , intended, by Procefs, to cite his Majefty to ap- 
pear at his Court at Avignon, to anfwer for his De- 
faults, in not performing what the faid King, his Pre- 
deceflbr, had fo undertaken for him and his Heirs, 
Kings of England. Whereupon the King required 
the Advice of his Parliament, what Courfe he had 
beft take if any fuch Procefs {hould come out againft 

The Bifhops, Lords, and Commons, feverally, de- 
fired Time to the Day following, to give in their An- 
fwer ; when, being again affembled, after full Deli- 
beration, they declar'd as follows : ' That neither King 


b Simon Langbam : He was tranflated to Canterlury, Anno 1366. Le 
He-vis Fafli. 

c Of loco Marks a -year. Retard, 



' y, nor any other King, could bring himfelf, hisK. Edward ill. 
' Realm, and People, under fuch Subje&ion, without which they 
4 their AfTent ; and if it was done, it was without Con- highly refentj 

* fent of Parliament, and contrary to his Coronation 

* Oath ; that he was notorioufly compelled to it by the 
' Neceflity of his Affairs and the Iniquity of the Times ; 

* wherefore the faid Eftates ena&ed, That, in Cafe the 

* Pope fhodld attempt any Thing by Procefs, or any 

* other Way, to'conftrain the King and his Subjedts 
' to perform what he fays he lays Claim to in this Re- 
' fpecl, $ey would refift and withftand him to the ut- 

* moft of their Power.' Thus was this haughty De- 
mand of the Pope's, by the flout Oppofition of both the 
Prelacy and Laity in this Parliament, quafiied for ever; 
for we do not find that it was ever after demanded. 
Nor, in all Likelihood, would it have been trumped up 
now, but out of Revenge to the Proceedings of the latt 
Parliament againft the Incroachments of the See of Rome. 

It feems King Edward was fo moved at the Infolence r 2 on "J 
of this Demand, that he caufed it now to be ordained, 
that, from that Time forward, St. Peter's Pence fhould 
not be paid, which had continued to be fo from the And thereupon 
Days of King Ina, the Weft Saxon King, about the Year^ wr * s Pe " ce ' 
680 ; who had granted it to the See of Rome, in Con- forbld 
fideration of an Engiijb Seminary, or School, to be con- 
tinued there for ever d . 

There were fome others Matters, tranfa&ed this Par- 
liament ; particularly, fettling the Differences betwixt 
the two Univerfities, Oxford and Cambridge^ and the 
Mendicant Friars, who exhibited Complaints againft 
each other ; the Particulars whereof are not to our Pur- 
pofe. This Parliament fat till the nth of May this 
Year ; when the Lord-Chancellor notified to them, 
' the Marriage of the Princefs Ifabclla to the Lord In- 
' gelram de Coucy^ who had a large Eftate both in France 
' and England^ and that it would be for the King's Ho- 
' nour to create him a Peer of this Realm j' which the 
Lords finding convenient, readily agreed to,: Where- 
upon the King, by his Letters Patent, created him Earl 
of Bedford^ with a Grant of IOOO Marks per Anniim^ 
out of the Exchequer, and 30 Marks more out of the 


d However it was but a temporary Delay, for it was afterwards collt-<n> 
ed to the ^y\^ of llmry VIII. when that i'rince pot an iC'cdttiJ Stop t 

320 3%* Parliamentary HISTORY 

K. Ed-ward Ill-Iflues of the County of Bedford, to be paid by the She- 
riff of that County. Mr. Tyrrel here obferves, That the 
Parlifiment did not quarrel with the King, or find Fault 
with his marrying his Daughter to a Frenchman, tho' 
his Subjedt ; or that he had conferred upon him fo great 
an Eftate belonging to the Crown ; or, laftly, that he 
would now make him a Nobleman of England; for tho' 
it was ufual, adds he, for this King not to create either 
Dukes or Earls, not even his own Sons, without the 
Privity of the reft of the Peers, yet we do not find that 
ever he afked the Confent of the Commons, or that it 
was pafled into an At or Statute, all the Charters of 
their Creations being granted by the King alone, and 
the Confent of the Parliament not at all mentioned in 

PI We now meet with an Interval of two or three Years, 
during which Time our Hiftorians are taken up with 
defcribing the Black Prince's martial Exploits and Vic- 
tories in Spain ; where he reftored Don Pedro to the 
Crown of that Kingdom. Things did not go fo well, 
however, in France and Scotland, as we mail fee here- 
after ; and King Edward having loft his fecond Son, 
Prince Lionel, who died foon after his fecond Marriage 
in Italy, from this Period we muft date the Turn of 
that good Fortune which had hitherto favoured him 
throughout his whole Reign. 

AnnoRegni42. The King iflued out his Writs, dated February 24, 
1368. for fummoning a Parliament to meet at f^eftmin/hr the 
Rer ^ r ^ G ^ May following. When being met, Dr. Simon 
ter. j^ an ^ )Qm ^ fa cn Archbifhop of Canterbury^ was the King's 
Prolocutor, and declared to the whole Aflembly, That 
it was his Majefty's Pleafure that they ftiould be ad- 
journed for three Days ; and at the Time appointed the 
faid Archbifhop opened the Caufe of their Meeting to 
this Effect: * That the King yielded unto God Almighty 
' moft hearty Thanks for having given him the Victory 

* over ail his Enemies ; as alfo for the peaceable and 

* flouriming Condition of his Realm, and for the great 
' Loyalty of his Subjects, and their conftant Readinefs 

* to ferve him, both in Body and Goods; all which 

* Bleffings he defir'd, as much as in him lay, to con- 

' tinue 

of E N G L A N D. 321 

* tinue or rather to increafe. And, that he might the K. Edward III, 

* better fucceed in that Refolution, he had at this Time 
' called his Parliament to confer with them concerning 
' Matters relating to the Premifes.' Then the Receivers 
and Triers of Petitions were appointed, which took up 
all the reft of that Day. 

On the Day following, being aflembled again as ufual 
in the Painted-Chamber, the faid Archbifhop farther 
declared the Subftance of a Treaty between the King's 
Commiflioners and David Bruce, King of Scotland, who 
had lately made this Offer, ' That he was willing to 

* preferve a perpetual Peace with England, provided he p e h a e ce f^ cjj! 

* might quietly enjoy the Kingdom of Scotland, free and dition' of being 
' difcharged from all Homage to that Crown; fince to di f char s ed from 

* hold it otherwife would be a conftant Reproach to him Homase ' 

* and his Kingdom.' Concerning which Terms of Peace 

the Lords and Commons, being afked their Advice, [ 301 ] 

gave in their Anfwers, feverally, to one and the fame 

Effect, That they could not aflent to any fuch Peace, The Propofal re- 

* upon any Account, without a Diflierifon of the King, jefted by Parli: 
' his Heirs, and Crown, which they themfelves were ment * 

' fworn to preferve ; and therefore muft advile him not 
' to hearken to any fuch Propofitions/ 

After which the Archbifhop, in the King's Name, 
gave Thanks to the Eftates in Parliament, ' For their 
' ready Compliance in affifting the King's Wants by 

* former Aids and Subfidies ; and fhewed them further, 
' how, at that Time, the King flood in as great Need as 

* ever of a confiderable Supply to difcharge his Debts:' 
Upon which the Lords and Commons granted the King, 

for two Years, of every Wooll-pack 36*. 8d. for every ^Subfidy gr: 
twelve Dozen of Fells, as much; and 13 s. 4^. for 
every Laft of Skins, over and above the old Cuftoms. 
Then certain new Statutes were prepared for the Royal 
Aflent, and fome old ones were explain'd and confirm'd, 
which may be feen in the printed Statute-Books under 
this Year, and therefore unneceflary here. 

On the 2 1 ft of May the King gave Thanks to the 
Lords and Commons for the great Aid they had given 
him, and that Day all the Lords and divers of the Com- 
mons dined with his Majefty ; after which Sirjobn Lee 
was brought before him and the Lords and Commons, 
to anfwer certain Objections made againft him by IVil- 

VOL, I. X Ham 

322 *The Parliamentary HISTORY 

&, Edward III. Ham Latimer, concerning a Lordlhip belonging to Robert 
Larimer, with certain Lands which had been granted 
during his Minority, and being afterwards granted to the 
faid Sir John Lee, he being Steward of the King's Houfe- 
hold, compelled the faid William, by Durefs of Impri- 
fonment, to furrender up the Eftate into his Hands : 
And tho' Sir John excufed himfelf, as being the King's 
Grantee, yet it was not admitted, becaufe he had ufed 
Force, and had not outed the faid William by due Pro- 
cefs of Law. There were alfo divers other Complaints 
againft him ; that, as Steward of the King's Houfhold, 
he had caufed feveral Perfons to be attached by Order of 
F 302 1 t ^ ie Council, and then appear before him alone, and 
* 3 J make Anfwer out of Council ; with feveral other Mif- 
demeanors. Of all thefe Accufations Sir John not being 
able to purge himfelf, he was, by Order of the King 
and Lords, committed clofe Prifoner to the Tower, and 
ordered to pay a Fine according to the King's Pleafure. 
This Affair, though of no great Moment in itfelf, we 
think neceffary to take Notice of, as it is the firft Pre- 
cedent to be met with, not only of any Accufation or 
Impeachment of a Perfon in Parliament, for a ilmple 
Mifdemeanor, and not for Treafon, but alfo where the 
Offender was committed to Prifon by the King and 
Lords at a private Meeting, when the Parliament was 
not fitting. 

About this Time another War with France feeming 
unavoidable, the French King having, by Treaties and 
Embaffies, deluded Edward 'till he had taken an Op- 
portunity to feize on the greater Part of his Dominions 
nno Regni 43. abroad, he called a Parliament in order to lay this Affair 
1369. and the State of the Nation before them. They were 
r. funimoned to meet at Weftminfter, May 27, this Year; 
at which Time the King, Prelates, Dukes, Earls, Ba- 
rons, Knights, Citizens, and Burgefies, ailembled in the 
Painted-Chamber, the famous William of Wukbam, or 
Wykebam, Bifhop of Wincbefter, then Lord-Chancellor, 
being Prolocutor. This Prelate told the AiTembly % 

* That the King always, in his greatefr. Affairs, had 

* ufed their Advice and Counfel ; in which he ever found 

* them truly loyal, and for which he thank'd them : And 

4 that, 

* In a fet Speech, beginning, Sires, h Rt/i en touz. Us groj'a Befcignss, 

of ENGLAND. 323 

* that, not being willing any Thing fhould be unknown K, Edward lilt. 
' to them, he laid before them the Peace, which, by 

* their Advice, he had concluded with his Adverfary of 

* France fome Time ago : The Conditions of which 
were, That, by fuch a Day, he fhould iurrender up to 

* him certain Countries beyond Seas ; fhould pay unto 
him certain Sums of Money at ftated Times ; and 

* that, for the future, he fhould never pretend to any 

Jurifdidion or Sovereignty over Gafcoigny or its neigh- * 

* bouring Parts. In Confideration thereof the Englijb 
King was to give up the Stile and Title of the King 
' of France for ever, which he had accordingly done : 
' But his faid Adverfary had not only failed to make 

* Delivery of the Lands and Countries agreed upon ; 

had made no Payments of the Money ; but had alfo 33 1 
1 fummoncd certain Lords of that Country, under his 
' Jurifdi6tion, and even the Prince of Wales hirnfelf, to 

* appear before him, on a Day prefixed, at Paris^ to 
anfwer their Appeals ; which was contrary to the Form. 
and Tenor of the Peace. Befides all this, he had fent 

a great Number of Men at Arms, and others, into 

Gafccigny, and there, by Force, had taken Towns, 
CafHes, and other Places ; killed fome of the King's 
Liege People, taken others, and imprifoned them "in 

* Hopes of great Ranfoms ; the fame he had alfo done 

* in Pontbieu. That becaufe of thefe Doings, efpecially 
' in the Principality of Aquitaln^ againft the Form of 
<- the Peace, the Prince had fent fpecial MefTengers to 
< inform the King, that he had called to him the wifeft 

* Men of the faid Principality, and treated with and pro- 

* pounded to them, whether, by reafon of thefe Things, 

* his Father might not, by Right, retake upon him, and 
' ufe, the Name of King of France ;' who all anfwered 
' and affirmed, * That the King might do it by Right 
and Good Faith/ Upon which Point the Archbifhop 
of Canterbury and the other Prelates were charged by the 
King to treat and (hew their beft Advice and Counfel. 

The Prelates took two or three Days Time to deli- 
berate upon this knotty Cafe of Confcience, Whether 

* the King was releafed from his Oath or not?' When 
the whole Afiembly being again met, the Archbimop 
and Bifhops, with one Accord, anfwered, ' That the 

* King, for the Caufes abovefaid, might juftly re-aflume 

X 2 'and 

324 We Parliamentary HISTORY 

K. EdviardlVL. * and ufe the Name of King of France, by Right and 
' good Confcience.' To which Sentence the Dukes, 
Earls, Barons, Knights, and Commons, unanimoufly 
agreed. After which Declarations the King caufed the 
The Frencb ha- Great Seal ^ England to be changed again, along with 
ving broke thehis other Seals ; from which Time, even unto this Day, 
Peace, the War^g Kings of England, his Succeflbrs, continue, their 
is renewed. Arms quarterec | with p rance . j n Token of that Right, 
fays Barnes, to which King Edward Co juftly now re- 
newed his Claim. 

The Parliament having thus agreed to renew the War, 
[ 34 ] t ^ ie next Thing to be thought of was the Sinews of it : 
Accordingly the King ordered ' the State of the Nation 
to be laid before them ; and, becaufe he ftiould be at 
great Charge to maintain his Forces both by Sea and 
Land, which he could not fupport without their Af- 
fiftance, he requefted them, therefore, to confult and 
advife how it might beft be done with the leaft Charge 
and Damage to his People.' On which the Lords, by 
themfelves, and the Commons, of one Accord, granted 
Algrge Subfidy to the King a Subfidy on Woolls ; that is, 43 s, ^d. on 
granted, every Sack, and on every twelve Dozen of Wooll-fells, 

as much ; on every Laft of Leather, that ftiould be ex- 
ported, 4/. befides.the antient Cuftoms for three Years, 
to commence at Michaelmas next ; on Strangers was 
laid, for every Sack of Wooll, four Marks, and every 
twelve Dozen of Fells, as much ; and on every Laft of 
Leather eight Marks, over and above the old Cuftom. 

Some other Matters were tranfa&ed, in this Parlia- 
ment, of lefs Notice ; ' as, that all the .King's Forts, 
Ports, and FortrefTes ftiould be furveyed, repaired, and 
re-edified ; that no Religious Aliens ftiould be left in a 
Capacity to difcover the Secrets of the Realm, as well 
as all their Pofleflions to be feized into the King's Hands ; 
that Remedy may be had againft the exceffive Price of 
Armour, and againft the unreafonable Demands of 
Dealers in Horfes. Laflly^ the King, on the i2th Day 
of June^ came to the Houfe, and gave them Thanks, 
The King grants fr m ms own Mouth, 'for the great Pains they had 
public Encou- taken, and the Aid they had given him ; and, in fome 
ragement to all* Sort of Recompence, promifed to all thofe Lords, and 
affift\^m a S f othe . rs ' of whatfoever Degree, Eftate, Condition, or 
Fnniit t ' * Nation they were, who would maintain his Caufe and 


of ENGLAND. 325 

Quarrel againft his Enemies of France^ that they fliould K - EJwardlli* 

* hold and enjoy, for ever, all they fhould there recover 

* and conquer, whetherDuchies, Earldoms, Vifcounties, 

* Cities, Towns, Caftles, orLordfhips, Perfons, Names, 

* Arms, and Honours, to hold the faid Poffeffions of him * 

* as King; of France, by the accuftomed Dues and Ser- 

* vices; referving only, to himfelf and his Heirs, all De- 

* mefnes, Royalties, Services, Homages, Dues, Reforts, 

' and Sovereignties belonging to the Crown of France ; r 30 - -j 

* and excepting all Church-Lands, and the Lands of all 

* fuch who, without Force or Difficulty, would obey, 
' adhere to, and remain in Obedience to him, and, of 
4 their own Good-will, would afiift him in his Quarrel 
' againft his faid Adverfary. Likewife the King com- 
' manded, That not only all the Biftiops fhould mufter 

* their own Tenants and Servants, but that all Parfons, 

* Vicars, Monks, Friars, and other Religious Perfons of 
' the Clergy, fhould be in Readinefs, in Cafe of an In- 

* vafion, to refift the common Enemy :* And then he 

* diffolved this Parliament b . 

The War began now to be entered into brifkly on 
both Sides, and continued, from the laft Period, a Year 
or two, with various Succefs j though the King, on 
Account of his great Age, was unable to go over in 
Perfon. But the Renewal of the War was not the only 
Thing that difturbed Edward's Repofe; the Lofs of his 
Queen, who died in the Year 1369, was a very great 
Affliction to him : Befides, the Noble and Valiant Prince 
of IValeS) being taken with a lingering Illnefs, was oblig'd 
to return to England for the Recovery of his Health, 
leaving his Brother John, Duke of Lanca/ler, his Lieu- 
tenant in Aquitain. 

After the Prince's Arrival here, Affairs began to take 
a different Turn abroad ; the French had gained great 
Advantage over the Englijh^ particularly in the Princi- 
pality of J/quitaitt) which alarmed King Edward fo 
much, that he thought himfelf obliged to call a Parlia- 
ment to afk their Advice about it. Accordingly Writs Anjjo R . 
of Summons were iflued out, dated "January 8, for a ,37,, 
Parliament to meet on Monday^ the firlt Week in Lent, 
X 3 which 

b Rot. in Turn Lond. 43 Ed. III. Rjmtr\ Pud, Tom* VI. p. 631, 

C*///w's Ecelefiajiical llijlory, p. 561, 

2 2-6 The Parliamentary HISTORY 

K, Edward III, which was February 24, that Year. Being all, as ufual, 
aflembled in the Painted-Chamber at Weftminjhr^ the 
Lord-Chancellor IVickbam opened the Caufe of the 
Summons to be for this Purpole : ' That fince, by the 

* Aflentof the laft Parliament, the King did re-take upon 

* him the Title of King of France, becaufe his Adverfary 

* had broke the Peace, and claim'd the Superiority over 1 
4 4quitatn> which had formerly belonged to his Father, 

* he had for this, and feveral other Caufes, been at great 
r , g -i Expences, and fent fome Men of Quality, and others, 

* to a mighty Number, to conquer and recover his 

* Right : That the King had received News from his 
' Friends and Allies, that his Adverfary had made him- 

* felf ftronger than he had done before, and ordered fo 

< great an Army to be brought together, that, in all Pro- 
bability, he would be able to get PoiTefiion of all his 

* Lands and Territories beyond Seas, as well in Gaf- 
coigny as at Calais, Guifnes, Pontbieu, and other Places. 
Further, that his faid Adverfary had fuch a Fleet ready 

* as feemed fufficient to deftroy the whole Englijb Navy ; 

< and that he p'urpofed to fend over fuch a Land Army 

* into this Kingdom, as might be equally able to con- 

* quer and fubjedl it to his own Power : Wherefore the 

* King earneftly defir'd the Lords and Commons to con- 

* fult about thefe Points, and advife him which Way the 

* Kingdom might be fafely guarded, the Navy preferved 

* from the Malice of his Enemies, his Lands beyond Sea 
c kept, the War maintained, and the Reduction of the 
French efFeded.' 

ATaxof . jA Thefe high Matters being thus laid before the Parlia- 
laid by the whole ment, many Ways and Means were propofed for rai- 
Parliament on f in g an Aid, which were freely debated betwixt the 
" Lords and Commons. At laft, in Confideration of the 
great Cofts and Charges which the King had been at, 
and was to bear, for the Reafons given, both Houfes 
confented, March 28, to grant a Subfidy of 50,ooo/. 
to be levied on every Pariih at 22 s. 3 d. and thofe of 
greater Value to contribute, by Rate, to thofe of lefs. 
The Clergy, here alfo, granted the King a feparate 
Aid of 50,ooo/. more, for one Year, towards carrying 
on the French War ; for the raifing of which extraor- 
dinary Sum, from that Body, the very Chantry- Priefls 
were taxed according to their annual Stipends -, as like- 


^ENGLAND. 527 

wife all other fmall Benefices which had never been K Edward ill. 
taxed before c . 

A Great Council of the Eftates, confiding of a felecT: [ 37 ] 
Number of Prelates and Lords, and one Kniglit and one 
Burgefs of the laft Parliament, as a Committee of it, fat 
at Wincbefter on the eighth Day after Trinity- Sunday, or At ^j nc ^ ert 
June 8, this Year. The King, immediately on the 
granting this Subfidy, had fent out his Writs to the She- 
riffs of every County in England, to caufe them to return 
to him the Number of theParifh-Churches in each Shire. 
After which the Chancellor acquainted this Council, 
That the Number of Parifhes in England would not 
anfwer the faid Tax of 50,000 /. as might appear by 
the Certificates of all the Archbrfhops, Bifhops, and 
Sheriffs, made and returned into Chancery by the 
King's Warrant.' Thefe Certificates were examined 
by the Committee, and many Treaties and Conferences 
had upon the Matter ; at laft, to compleat the Sum of 
50,000 /. the faid Committee of Lords and Commons 
granted, out of every Parifh in the Kingdom, the Sum 
of 116 Shillings, the former Sum of 22J. 3^. being in- which Ig aug . 
eluded; except the County of Chefter, which was a me nted to 116*. 
County Palatine, and the Church Lands, which were by a Council oa- 
taxed to a Tenth ; and, as before, Parifhes of greater ly ' 
Extent and Value were to be contributary to the lefs. 
'John Stowe has preferved a Lift of the feveral Counties 
of England, in which the Number of Parifhes are men- 
tioned, and their feveral Taxations fixed; which, fince 
it is the firft Tax of that Kind that we have yet met 
with, well deferves our Notice d . 

c Rot. Parl. 45 Edio. III. N. i, 6, 7. Abr'idg. p. iii. Hollingjbcad 
makes a very great Miftake here, and fays that the Clergy denied this Sub- 
fidy, and excufed themfelves with fair Words and (huffling Anfwerf ; info- 
much that the King was fo difpleafed at them, that he removed the Chan- 
cellor, the Treafurer, and Privy Seal, being Clergymen, from their Offices, 
and put Laymen in their Stead, p. 406. This he took from Fabian* 
Cbron. in this Year. 

1 Sbirei. Pari/best What every Slire did pay. 

. *. d. 

Bedfordfhire 121 701 16 

Berkfhii? 156 904 16 

Buckinghamshire 200 7160 o 

Cambridgeihire tjz 997 iz 

Cornwall 194 1125 4 

Cumberland 96 556 16 

Derby (hire 9<j 556 16 

Devon fli ire 

328 ffle Parliamentary HISTORY 

K. Edward III. Jojbua Barnes makes the Proceedings of this Commit- 
f 208 ] tee at Winchefter go on with the 1 aft Parliament without 
any Diftin&ion : But Brady and Tyrrel^ who were after 
Remarks there- him, calls it only a Great Council at Winchefter^ and 
oa fays it confifted of four Bifhops, four Abbots, fix Earls, 

iix Barons, and fuch of the Commons as the King 
fhould pleafe to appoint, who were of the laft Parlia- 
jnent. Mr. Tyrrel goes on and remarks, That this is 
a plain Proof of the Difference between a Council and 
a Parliament; the former confifting of fuch Bifhops, 
Peers, and Commons as the King pleafed to call to it, and 
the other of all the Bifhops, Earls, and Barons of Eng- 

Sbires. Parijhes* Wbat every Shire did pay. 

*' d. 

Devon/hire 381 2149 16 o 

DorfetShire 237 1374 12 o 

Durham 61 553160 

liTex 400 2259 18 o 

GlouceSr.erSh.ire 154 1473 4 o 

Herefordshire 144 834 4 o 

Hertfordshire 136 730 16 o 

Huntingdonshire 62 535 12 o 

Kent 393 2279 8 o 

Lancashire 58 336 8 o 

Lincolnshire 627 3636 16 9 

Leicefterfliire 209 1212 4 o 

London no 637 o o 

Middlefex 63 365 8 o 

Norfolk 806 3674 16 o 

Northamptonshire 303 1757 8 o 

Northumberland 60 348 o o 

Nottinghamshire 164 951 4 o 

Oxford&ire 200 1160 o o 

Rutlandshire 44 255 4 o 

Shropshire 114 66 1 4 o 

Somersetshire 391 2267 16 o 

SouthamptonShire 230 1334 o o 

StaSfordSnire 100 580 o o 

Suffolk 515 2916 o o 

Surrey lig 684 8 o 

SuSTex 284 1647 4 o 

Warwickshire 183 jc6i 8 o 

Westmoreland 32 185120 

Wiltshire 239 1386 4 o 

Worcestershire 139 806 4 o 

Yorkshire 540 3071 12 o 

The Sum of all the Shires in England, without the City of London and 
theBiShoprickofjDan&aw, be 37, and of PariSh-Churches 8600, and all the 
Money amounted unto 50,181 /. 81. fife, of the \\hich was withdrawn 
381 /. 8*. by the Reafon that Parilhe? in the County of Suffolk paid but 
II2J. jd, and the Parishes in De-vonjbire paid but 1121. lod, for their 
great Poverty, and fo was the King anfwered his 50,000 It Stoive, pi 269. 
J5nt there feems to be a Miftake in his Calculations. 

of E N G L A N D. 329 

land, together with the Knights, Citizens, and BufgeflesK, Edward in. 

ele&ed by their feveral Counties, Cities, &c. But, adds 

he, How fuch a Council could take upon them to alter [ 59 ] 

or add to a Tax, that had been already granted by the 

Whole Parliament^ is to him unintelligible: From which 

we reafonably conclude, That this GreatCouncil was no 

more than a Committee of Parliament, as we have call'd 

it, to meet and do Bufinefs, to fave the Expence and 

Trouble of another general Aflembly. And it is alfo to 

be remarked, That the Tranfaftions of this Council, 

and of the preceding Parliament, are enter'd in the fame 

Roll, and the Numbers continued, as if it was one and 

the fame Aflembly. 

The Truth is, as it plainly appears by the Record 
itfelf, that, as foon as the Tax on Parifhes was firft 
granted, the King ordered his Chancellor, then Sir Ro- 
bert de Thorpe e , to acquaint the Lords and Commons, 
That as the Feaft of Eajler and the Holy Week was 
near at Hand, the Petitions of the Commons could not 
all be anfwered within the Time, that therefore the 
King would ordain certain Lords and others to meet 
after to clofe the Points of their Petitions, and 
give fuch Anfwers to them as ftiould fuffice, and be 
agreeable to Reafon.' After which fome of the Petitions 
and Anfwers, which were ready, being read and anfwer'd, 
the King thanked the Commons for their Aid, gave 
them Leave to depart, and fo finifhed this Parliament f . 
It appears, by this Extract, that the Parliament was 
entirely diflblved, and that the King, by his own Au- 
thority, did appoint a Committee out of it, to meet at 
another Time and Place, to finifh what was left undone 
before. This can anfwer to nothing more than our pre- 
fent Commiffions to fome Lords to pafs A6ls, when the 
King is indifpofed and cannot come down to the Houfe 
himfelf : But, howfoever this was, it is certain that we 
never met with fuch an Unparliamentary Proceeding, 
either before this Time nor fince. 

The Petitions of the Commons, which were not an- The Commons 
fwered in the preceding; Parliament, were anfwered a t petltl " * hat 

i /- -i n i i i r \ i n none of the greaf 

this Council ; amongft which the following is molt re- offices of State 

markable: may be held by 

i JT or Clergymen. 

e The Reafon of this Change will appear in the Sequel. 
f D'.r.a Conge a defarter et tffint fny It Parlanent. Rot, Pad. 45 rf- 
tcard ill. N. 9. 

g go tt* Parliamentary HISTORY 

H.'j5ard ill. For that it had been declared to the King, in the 
' late Parliament, by all the Earls, Barons, and Com- 
mons of England? That the Government of the King- 

* dom had, for a long Time, been managed by Men of the 

* Church, whereby many Mifchiefs and Damages bad 
< happened in Time heretofore, to the Dijherifon of the 
f Crown, and to the great Prejudice of the Kingdom : 
That it would therefore pleafe the King, that Laymen, 

* of fufficient Abilities, and no others, might, for the 

* future, be made Chancellor, Treafurer, Clerk of the 

* Privy Seal, Barons of the Exchequer, Comptroller, 
' or other Great Officers and Governors of the King- 

310 ] dom; and that this Matter might be fo eftabiifhed, 
' that it fhould never be defeated, or any Thing done 

* to the contrary in Time to come, faving to the King 

* the Removal and Choice of fuch Officers, yet ib as 

* they mould be Laymen.' 

The King's Anfwer was, He would do in this Point 
what feemed bejl to him by Advice of his Council. 

Though the King was, as ufual, very concife in his 
Anfwer to this Petition, yet we find that he thought of 
it foon after ; for, even in this very Parliament, ifiiUiam 
otWickham, Bifhop viWincbeJier, and Lord-Chancelior 
of England, did deliver up the Great Seal to the King 
at JVeftminfter, which was immediately given to Sir 
Robert Thorpe, one of the King's Judges in the L.r.v. At 
the fame Time Thomas Brentingham, Bifliop of Exeter, 
was removed from being Lord- Treafurer, and was fuc- 
ceeded by Richard Lord Scrape, of Eolton. Barnes fays, 
Thatit was then enacted that, for the future, the Chan- 
cellor, Treafurer, and Keeper of the Privy Seal, fhould 
not be Clergymen ; but that fecular Perfons only ihould 
have thofe Employments e . 

The fame Author has given us feveral Petitions and 
Anfwers of the King to the Commons at this fecond 
Seffion, as he terms it, which may be thought too te- 
dious, and therefore we omit them. But an EmbafTy 


Mr. Collier obferves, T*hat this Reprefentation of a public Difjdvantage 
of preferring the Clergy to Places of Pov. er and Truft, is contr.idiled in the 
Preamble of an Act made in this King's Reign ; for in the Statute of Pro- 
vifors it is faid, ' That the Kings, in Times part, were wont to have the 
' greateft Part of their Council of Prelates and Clerks, for the Safeguard of 

* this Realm ; and that the Pope, by preferring Foreigners to Offices in En- 

* gland, unf'urnifhed the Council-Board, and'difappcinted the Government.* 
And, adds that Author, this was urged as One Reafon for paffing the Aft, 
a*d preventing Papal Provifions, Cottier's Ecclef, llifi. Vol. 1. p. 561. 

of E N G L A N D. 331 

from the Pope, which happened at this Time, may be K-. Edward in, 

worthy of Notice. Two Cardinals, one of them Simon 

Langbam, late Archbifhop of Canterbury and Chancellor 

of England^ which laft he had refigned for the more 

Apoilolical Dignity of Cardinal, &c. were fent by his 

Holinefs, with Letters of Credence, to treat effe&ually 

with King Edward about fettling of a Peace between 

the two Crowns of France and England ; but this was 

without any Succefs, for the latter had loft, and the r 311 I 

former had gained, too much, at that Time, to be re- 

covered any other Way than by the Sword. 

The unfortunate Part of Edward's Life was now in 
its Crifis ; Affairs in France grew every Day worfe and 
worfe, and Charles, the French King, without much 
Trouble or Danger, regained thofe Lands, Cities, and 
Countries, which had coft the other fo much of both 
to win. The City of Tours, belonging then to the En- 
glijb, was clofely befieged ; and the Garrifon obliged 
themfelves to furrender, if they were not relieved, by 
fuch a Day, by King Edward or one of his Sons. To 
<lo this, the King railed a mighty Army, and he himfelf, The War with 
with 400 Sail of Ships, put to Sea for its Refcue ; but^,. 
the Winds proving contrary, he and his whole Fleet 
were tofs'd about for five or fix Weeks, and then forced 
to return Re infefta. This was the laft and moft un- 
fortunate Voyage that King Edward ever made, fince, 
by thefe Accidents, he loft almoft his whole Dominions 
on the other Side the Water. 

Before the King let out on this laft Expedition, he 
left his Grandchild Richard, only Son to the Black Prince, 
a Youth fcarce (even Years old, Guardian of the Realm ; 
appointing him a Council for the Management of all 
public Affairs f . On the firft of September, in the Year 

f yijbua Barnes writes, That this was done in Parliament, and the 
Succeflion ot this Prince to the Crown of England, after the Death of his 
Father and Grandfather, fettled in that AfTembly ; when the King, the 
Prince, and his other Sons, and the reft of the Lords, fwore to the Sue- 
ceffion, and figned an Inftrument to that Purpofe. The Commons, he 
fays, gave their Confents only by holding up their Hands. But Mr. Tyrrel 
has exploded this Error in F'rpii'art, from whofe Authority tfarnet quotes, 
end fays, That, befides the Abiurdity of the Relation, in making the King 
liimfelr fwear to tlie Succeflion of his Grandfon, there is no Mention made 
of any fuch Tranfa&ions, either in our Parliament-Rolls or any Hiftoriara, 
in Print or Manufcript, befides this Writer ; from which he concludes it 
to be a Miftake, or Miftnformation, in mifdating this Tranfadlion ; for 
Prince Richard was not declared Heir Apparent to the Crown, till three 
Years after in full Parliament. Tyrtl, Vol. 411, p. 734, 

332 We Parliamentary HISTORY 

K. Edward ill 1372, Writs of Summons were iflued out in the Name 
of this young Guardian, for a Parliament to meet fifteen 
Days after Michaelmas ; but, before that Time, the 
King was return'd into England^ fo new Writs were fent 
out, dated at Winchelfea, the 6th of Ottober, by which 
he called another Parliament to fit on the third of No- 
vember following g . 

[ 312 ] The Lords and Commons being all aflembled in the 
,, . , Painted-Chamber at Weftminfter* on the Day appointed, 

Anno Kegm 40. _. ^ * / -,,- / ,. . /- n 

, 372 . Sir John Knyvety then Chancellor h , firft acquainted 
ller tnem w ' 1 ^ tne R ea ^ns why a Parliament was called to 
<r ' meet about Michaelmas laft, and then another fummon'd 
to meet at the prefentTime. Thefe Reafons are partly 
given before, and therefore unneceflary to repeat ; but 
the Receivers and Triers of extra Petitions being after- 
wards appointed, the King commanded Sir Guy Brian 
to declare the further Caufe of the Summons, which we 
find he did to this EfTed : That the Prince of Wales 

* having, by a Grant from his Father, enjoyed Giiienne^ 

* he had often, by Letters, &c. fignified to the King, 

* that the Revenues and Profits, arifmg from that Prin- 
' cipality, did not, nor could, fuffice to maintain him and 
' fupport the Government and Wars againft the French 

* their Enemies, and other neceflary Charges, without 
' a great Affiftance from the King ; and that the Prince 

* having made thefe Things appear to the King and 

* Council, when firft he came into England, had there- 

* fore furrendered into the King's Hands the faid Prin- 

* cipality, and all he could claim there by virtue of his 
' Grant, in the Prefence of the King and Lords of his 
' Council.' The Prince of Wales, being then prefent, 
was afked if he affented to this ; he anfwered in the Af- 
firmative, and fo that Matter was ended. The next 
Day the faid Sir Guy, in the fame Place, and before the 
faid Aflembly, more exprefly declared the Caufe of their 
Summons to this Effect : 

' That the King, by Advice of his Parliament, had 
' ordered feveral Commanders of Note to go over, 
' fome into Gafcoigny and others to Calais, to oppofe the 


t This whole Parliament is omitted in the Abridgement of R icords. 
h This Chancellor begins his Speech, Me j Sires ft Corr.mune 5 which is 
Yery near our prelcnt, Afy Lords and Gentlemen cf the Houfe of Commits, 

of E N G L A N D. 333 

* Defigns of his Enemies, and to make War upon them K - Edward ill. 
c by all the Ways they could : But that afterwards, 

' upon the fudden News that came to the King of their 

* March, he went himfelf to Sea with the reft of his 

* Forces ; yet, by reafon of the Winds being contrary, 

* and other unavoidable Accidents, he was forced to re- 

* turn without doing any Thing. That, after having 

* fummoned this prefent Parliament, he adjourned the 
c fame, in order that the Lords, who were with him at 

* Sea, might be alfo there; that, by the good Advice and 
' Council of them all, he might do the beft he could 

* for the Safety of the Nation, and refift and oppofe the 

* Malice of his Enemies, who had made themfelves, by 
Land and Sea, much ftronger than ever they were be- 
fore. He defired therefore the Prince, Prelates, Dukes, 

* Earls, Barons, and Commons, on the King's Behalf, 

* that they would confult about this Matter, and give 

* him fuch Counfel and Aid as fhould feem to them 
moft profitable to the Nation, and fufficient to reduce 
' the Power of his Enemies.' 

The Prince, and all the reft of the Eftates, confider- [ 3'3 ] 
ing the great and exceflive Charges and Expences the 
King was to be at for the Defence of the Nation, and 
maintaining the War againft his Enemies, granted him 
the former Subfidies on Wooll, Leather, and Wooll- 
fells, for two Years longer, to begin at Michaelmas lafl 
paft, viz. of every Sack of Wooll that was (hipp'd out 
of England, 2/. 3*. 4^. of every twelve Dozen of 
Wooll- fells, as much j of every Laft of Leather, 5/. of 
Denizens, befides the old Cuftom : Of Foreigners, four 
Marks on every Sack, befides the old Cuftom ; as much 
on every twelve Dozen of Wooll-fells ; and 5/. 6s. Sd. 
on every Laft of Leather, or eight Marks. But whereas 
the faid Subfidy and Cuftom, fo granted, could not be 
fufficient for the great Expence and Charge the King A Supply grant- 
was to be at, for the Caufes aforefaid, as it was plainly ed on thai AC- 
made out to them, the faid Eftates moreover granted a count> 
Fifteenth for one Year, to be levied as the laft. 

On the 23d of November the faid Lords and Com- 
mons again aflembled in the White Chamber ; when the 
Chancellor declared to the King ' how kind the Parlia- 
' ment had been to him, in granting him the faid Subfi- 

* dies and Fifteenth,' who very heartily thanked them 


334 T& e Parliamentary HISTORY 

K. Ed-ward III. for their great Aid ; and then the Petitions of the Com* 
mons were read and anfwered according to Cuftom. 

In this Parliament an Ordinance was made, too re- 
markable to be pafs'd over without mentioning: It feems 
the King had been informed that fome Sheriff's and 
Under-Sheriffs of Counties had returned themfelves for 
Parliament, and alfo that many Lawyers had crept in 
for Cities and Boroughs, to the fame End ; to remedy 
which Evil, as it is called, the following Ordinance was 
brought in, read) and agreed to by the King and Par- 
liament : 

' "T THereas the People of the Law, who follow 
c \ \ divers Bufinefies in the King's Courts for par- 
c ticular Perfons, as their Proctors or Sollicitors, and 

* caufe many Petitions to be exhibited in Parliament, in 
' the Name of the Commons, which do not at all con- 
' cern them, but only the particularPerfons whofe Bu- 
' finefs they follow; Sheriffs alfo, who are common Mi- 

* nifters of the People, and ought to mind their Office, 

* by which they ought to do Right to every one, are 
' named, and have been before this Time returned in 
6 Parliament, Knights of Counties, by themfelves, being 
c Sheriffs : It is accorded and aflented to in this Parlia- 
' ment, That, for the future, no Man of the Law, fol- 
' lowing Bufmefs, or practifing in the King's Courts, 

* nor Sheriff, for the Time he is Sheriff, may be return'd 
' or accepted for Knights of Counties ; nor fhall any 
' Lawyers or Sheriffs, for the future, return'd to Parlia- 

* ment, have any Wages.' 

The great Lord Coke ' takes up the Cudgels here in 
Defence of pra<5Hfing Lawyers fitting in Parliament, by 
catching at the Word Ordinance ; which, he fays, dif- 
fers from a Statute or Ac~t of Parliament. It is true that 
it does fo, as we have explained at p-315 ; but yet there 
are many Inftances, in fucceeding Parliaments, where 
they both mean the fame; and, in this before ue, this 
Ordinance had all the Sanction of an A6t of Parliament, 
and, no Doubt, was underftood fo in thofe Days. 

But, to take Leave of the Parliament we are upon, 
the King gave the Knights of Shires Leave to depart, 

I Ctkis 4 //?. fol, 10 ct 48. 

e/* ENGLAND. 335 

end fue out Writs for their Wages and Expences ; but K< &'"' IH " 
the Citizens and Burgefies were commanded to ftay. 
When they, being again aflembled the fame Day before 
the Prince, Prelates, and Lords, granted, for the fafe 
convoying of their Ships and Goods, a Cuftom of 2 s. 
on every Tun of Wine imported or exported out of the 
Kingdom, and bd. in the Pound on all their Goods of 
Merchandize for one Year k . 

On the 2ift of November, the next Year, another 
Parliament met, by Summons, at Weftminfter J . In the 
Writs to the Sheriffs were thefe unufual Claufes, occa- 
fioned, for fure, by what pafled in the laft, viz. * To 

* caufe to be chofen two dubb'd Knights, or the moft 

* worthy, honeft, and difcreet Efquires of that County, 
4 the moft expert in Feats of Arms., and no others; and 

' of every City two Citizens, of every Borough two Bur- [ 314 ] 

* gefles, difcreet and fufficient, and fuch who bad the 

* greatejl Skill in Shipping and Merchandizing. 

The King, Prince, Prelates, Earls, Barons, Great Anno Regni 47; 
Men, and Commons, being affembled in the Painted- 1373. 
Chamber^ Sir John Knivet^ Lord-Chancellor, declared 
the Caufe of the Summons ; telling the Lords and Com- 
mons m , They knew very well that, after the Peace 
' between the King and his Adverfaries of France had 

* been apparently broken by them, the King had many 
' Times lent great Armies abroad to recover his Rights, 
' and to reftrain the Malice of his Enemies ; and lately 
' had fent his Son, the King of Caftile and Leon and 

* Duke ofLancafler, with many Lords and others, to op- 
' pofe the Attempts of the French, who, by their good 
' and noble Conduct, and Feats of Arms, had done great 
' Damages and Deftruction to his Adverfaries, as they 
' well knew, to the no fmall Honour of the King, and the 

* Peace and Tranquillity of the Kingdom. That, befidei 

* the Sum granted by the laft Parliament to the King in 

* Aid of thefe Wars, great and heavy as it was upon the 
' People, he had expended a great Sum of his own more 

* than that Subfidy came to. Further, the Lords and 

* others, 

k Rot. Parl. 46 EJ-ru. III. N. i, 2, 3, 9, 13. Tills proves that tlie 
Citizens and Burgeffes, in Parliament, were Merchants ami Traders iu 
thofe Days. 

' Lendemain tie Seijrnt Efmon. Edmund. 

He begins his Speech, S:rtt t tt vovs dt la Cvmmune, 

g-6 Tie Parliamentary HISTORY* 

K. Edward III-* others, who had ventured their Lives and Fortunes to 
' defend them from their Enemies, ought to be well re- 
' freflied and comforted with Force and Aid, and that 
' with as much Speed as pofiible, as was well known to 

* many of this Aflembly who had been in the fame Con- 

* dition themfelves : Alfo, that their Enemy of France 

* made himfelf as ftrongas he could, not only by his own 
' People and Allies, but by Strangers of different Coun- 
c tries, and by all the Ways he was able, both by Land 

* and Sea. Wherefore the King charged and befought 
' them, confidering the Dangers that might happen to 
6 the Kingdom for thefe Caufes, that they would fpeedily 

* confult upon the Matter, and give the King fuch Ad- 

* vice as might be for the Safety of him, the Nation, and 
' themfelves ; and as foon as poflible, becaufe the Sea- 

* fon of the Year for Action was now approaching. 

* Laftly, the King told them by him, that this Bufmefs 
' required a very fpeedy Difpatch ; and that he defired 

* that all Manner of Petitions, and other particular Af- 
' fairs, might be poftponed untill this had a good Ifiiie. 
c After which, he commanded the Commons to confider 

E 3*5 3 and give their Advice upon the Points abovel'aid ; tell- 

* ing them, they might depart for that Day, and come 
' again in the Morning.' 

During this Confultation, a Committee of Commons 
was fent to the Lords, in the Name of the reft, to de- 
lire they might have fome Biflicps, Earls, and Barons, 
with whom they might treat and confer, for the better 
Iffue of the Matter enjoined them. They named the 
Bifhops of London^ Winchefter, and Bath and Welh ; the 
Earls of Arundele, March, and Saiijbury ; and the Lords 
Guy Brian and Henry le Scrape ; and it was agreed that 
they fhould go to the Commons, and treat with them 
in the Chamberlain's Chamber. This Confultation laft- 
ed a whole Week, that is, to the Eve of St. Andrew, or 
for SmeS- November 29 ; on which Day the King, BUhops, Lords, 
pofe. " and Commons, being again aiTembled in the White 

Chamber, the Commons dcliver'd to the King a Schedule, 
containing an Aid granted, which was read, beginning 
thus, The Lords and Comn.sns of England have granted 
to the King, in this prefent Parliament, a Fifteenth, &c. 
the Subftance of which Grant was two Fifteenths to be 
levied in two Years, accojdir.g to the anticiit Manner, 


*f ENGLAND. 337 

f o be paid at Candlemas and Midfummer ; and if the K, Edward III* 
War ended the firft Year, the fecond Fifteenth not to 
be paid. Allo, Sixpence upon every Pound of Mer- 
chandize coming in or going out of the Kingdom, ex- 
cept upon Wooll, Leather, Wooll-fells, and Wine; 
of every Tun of Wine 2 s. for two Years, on the fame 
Condition ; likewife the Subfidy on Wooll to be re- 
ceived after Michaelmas, without Condition for the firft 
Year, but under the fame Condition for the fecond. 
Thefe Subfidies were granted on Provifo, that no other 
Charge or Impofition fhould be laid upon the People for 
thofe two Years. Laftly, the Commons prayed, That 
what was granted might be fpent in maintaining the 
Wars: That they might have Commiflions fent into 
every County without paying for the Seals : And that no 
Knights of Shires or Efquires, Citizens or Burgefles, re- 
turned for this Parliament, might be Collectors for this 
Tax 8 . 

This Schedule being delivered to the King, was read [ 316 } 
before him, after which the Commons requested an An- 
fwer to their Petitions, which was promiied j the chief 
whereof were thefe : 

Petition. ' That the Great Charter and Charters of Petitions of tht 
the Foreft be kept. Commons, upon 

Anfwer. // pleafeth the King. f^Sing, "* 

Petition. * That the City of London^ and all other 
c Cities and Towns, may enjoy their Liberties, any Sta- 

* tute notwichftanding. 

Anfwer. Let any flew the Breaches in particular ', and 
they Jhall be anfwered. 

Petition. * That the Staple be kept in Calais, and no 

* Patent or Grant be made to the contrary. 

Anfwer. The King will appoint the Staple as to him 
and his Council Jhall feem be ft. 

Petition. * Certain Counties, there named, do pray, 
That, for their eafier Carriage of Woolls, a Staple 
' may be at Lynn. 

Anfwer. The King granted thereto^ fo that Jlill the 
Staple at Yarmouth Jhall continue. 

VOL. I. Y Petition. 

a Rot. Parl. 47 Edia. III. N. 4, 5, 12. Abridgment, p. 116. Fiom 
Ivencc it appears, dernonftratively. to have been the Senfe of Parliaments in 
thofe D<)ys, That fuch who had a Vole in the granting of a Tax, (hoold 
have no Share in the collehng of it j and that confequcntly a PletfBill 
is no Novelty in the Constitution, 

Parliamentary HISTORY 

K. Edward lib Petition. 'That as for the Tythe of Wood above 

* twenty Years Growth, it may be enacted, That no 
Tythe Ihall be due, and that in all fuch Cafes a Pro- 
f hibition may be granted. 

Anfwer. Such Prohibition Jball be granted as hath 
"heretofore been ufed. 

Petition. ' That Remedy may be had againft the 

* King's Chirographer, becaufe he will not engrofs any 

* Fine within the Term, untill the Foot of the Fine be 

* fretted b , unlefs he may have 3*. 4^. or 4*. more 

* than his due Fee of 4 s. 

Anfwer. Let the Aggrieved come to the Common-Pleas 
and he Jhall have Right. 

Petition. ' That the Statute of Labourers may be 
e executed four Times in the Year, and that the Juftices 

* may be removed for not doing their Duty c . 

Anfwer. The King granteth thereto. 

Petition. That Villenage may be only tried where 

* it is laid, and no where elfe. 

Anfwer. The King meaneth not to alter the Law as to 
this Point. 

t 3*7 ] Petition. e That Matters of Ships fhall be paid their 
' Wages for them and their Mariners, from the Day of 
' their being appointed to ferve the King. 

Anfwer. The taking up of Ships Jhall not be but upon 
Necejfity, and the Payment Jhall be reafonable as hereto- 

Petition. ' The faid Mafters of Ships requeft, that 

* they may have Allowance for the Tackling of their 

* Ships worn out in the King's Service. 

Anfwer. Such Allowance hath not been made heretofore. 

Petition. The Commons requeft Remedy againft 

c the Provilions of the Pope, whereby he reaps the Firft- 

* Fruits of Ecclefiaftical Dignities ; the Treafure of the 

* Realm being thereby conveyed away, which they can- 

* not bear. 

Anfwer. The King hath already honourable Amtajja- 
dors at the Court of Rome, touching thefe Grievances, 
before whofe Return he cannot well anfwer as to that 


b In the Original, Detns le Terme qt la Pees del Fyne eft trest. It is 
franflated as above in the Abridgment, f<d non inulligimus, 
c Ste before, p, 292, 

^ENGLAND. 339 

Petition. The BurgefTes of Brijlol, in this Parlia- K, Edward III. 
ment, require, That the faid Town, with the Sub- 
urbs thereof, may be a County of itfelf ; and that the 
Perambulation of the fame, with the Bounds thereof 
returned into the Chancery, with all the Liberties and 
Charters thereto granted, may be confirmed by Act 
of Parliament. 
Anfwer. The King is content to grant, that the Charters, 

Liberties, and Perambulation aforefaid may be confirmed 

under the Great Seal. 

Petition. c That Remedy may be had, that Men be 

' not call'd into the Exchequer upon Suggeftion, with- 

' out Procefs, contrary to the Statute made in the 42d> 

e Year of the King. 

Anfwer. Let any particular Man complain and he foall 

find Remedy. 

But, notwithftanding all thefe vaft Subfidies and Aids 
granted to the King for carrying on the French War, 
Affairs went ftill backward in that Kingdom ; the Par- 
ticulars of which might fwell this Hiftory, but not be 

any Advantage to our Subject. We meet with no 

Parliament for near four If ears after the laft Period ; 

when a Truce, and Treaty of Peace upon it, obliged 

the King to call one, to have their Advice on feveral C 3 l8 3 

material Affairs. The Writs of Summons were dated 

September the 20th, to meet on the I2th of February 

following. But by other Writs, dated January the 2Oth, 

the King thought fit to prorogue this Parliament to the 

Monday after the Feaft of St. George, or the latter End 

of April, in the Year 1376. 

At the Time prefixed, the Prelates, Dukes, Earls, Anno Regni 50. 
Barons, Knights, and Commons, Judges, Serjeants at 
Law, &c. met in the Painted-Chamber, before the King, 
where Sir John JCnivet, Lord-Chancellor, opened the 
Seflions, which he declared was for the Caufes follow- 
ing : 

The firft and principal, was to advife about the 
* good Government and Peace of the Realm. 

' For the Defence and Safety of the Kingdom as well 
4 by Sea as Land. 

Y 2 To 

Parliamentary HISTORY 

K> Ed"witrd\\l. To take Order for the Maintenance of the War 
with France, and elfewhere ; and how and in what 

* Manner it might be done, for the beft Profit, quickeft 
6 Difpatch, and greateft Honour of the King and King" 

He then exprefly told them, That what the King had 
hitherto done was always with their Advice and Aflift- 
ance, for which his Majf-fly entirely thanked them; 
and defired that they would dUi^ently confult about 
thefe Matters, the Prelates anJ Lords by themfelves, 
and the Commons by themfelves, and give in their An- 
fwers as foon as they conveniently could. 

The Commons, upon this, went to their wonted 
Place, the Chapter Houfe of the Abbey of lVeJlminfter' 9 
the Prelates and Lords went alfo by themfelves, and 
there were affigned a Committee of Lords to go to the 
Commons, to treat and confer about the King's De- 
claiation. The Lords who were of this Committee, 
were the Bifhops of London* Norwich, CarliJJe, and St. 
David's ; the Earls of March, Warwick, Stafford, and 
Suffolk ; the Lords Peircy, Sir Guy de Brian, Sir Henry 
It Scrope, and Sir Richard Stafford ; who, after due 
Confutation with the Commons, agreed upon a Grant 
for a Subfidy, the Preamble to which ran as follows : 

' The Lords and Commons affembled in Parliament, 

* having Confederation of the very great Charges and 
319 3 ' Expences the King ha;h, and muft be at for the main- 

c taining of his Wars, and his noble Eftate, grant him 
the Subfidy of Wooll, Leather, and Wooll-fells, as it 

* was granted him in the Parliament holden at Weft" 
' minfter, in the forty- feventh Year of his Reign, from 

S 1 * l ^ e ^ ea ^ f ^ tp Michael next coming, when the Sub- 
onThe* ^y tnen granted ended, to the End of three Years : 

* And the Commons humbly pray the King to excufe 

* them, that they have given him no other Subfidy or 

* Aid for his Wars, for that they were brought fo low, 

* and fo difabled by the Peftilence, the Murrain among 

* their Beafts, and Deftru&ion of their Grain and other 

* Fruits by bad Weather, that they could not do more 

* at prefent ; but promifed, if any extraordinary Cafe 

* (hould happen, they would aid him to the utmoit 

* of their Power, as they had done before, beyond all 

* the Commons of the World, to their Liege Lord.' 


0f ENGLAND. 34* 

After this the Commons, confidering the great Da- K,-EJW<f ill. 
mages that the Nation fuftained by this long and expen- 
iive War, reprefented to the King and Lords, in this 
Parliament, fc That it would be for his Honour and 

* Profit, as alfo that of the whole Realm, which was 

* grieved in divers Manneis by many Adverfaries, by 

* the Wars in France^ Sj-ain* Ireland, Brittany^ and clie- 

* where, that the King > Council may be augmented with * ^" Cl1 ap \ 

* fome Lords, Prelates, and (nrura to the Number ot t he King OA 
'ten or twelve, who fhould be continually near the ftntly. 

' King ; fo as no great Bufmefs might pafs without the 
' Advice and A fieri t of fix, or four of them ac leail as 
c the Cafe required'. To this Requeft the King, uo~ 
derftanding the Purport of it to be as well for the Ho- 
nour and Profit of himfelf as of the whole Kingdom, 
readily confented : Provided, always, that the Chan- 
cellor, Treafurer, and Privy Seal might execute 'their 
Offices without the Prefence of any of the faid Coun- 
fellors, whom the King was to affign, from Time to 
Time, of fuch as he pleafed, who were to be fworn to 
keep this Ordinance, to do Right to every one according 
to their Power, without receiving any Reward for fo> 
doing. The reft of the King's Officers were aifo to 
be fworn to receive no Gifts, Fees, or Rewards, other [ 320 } 
than their Salaries, Liveries, and Travelling Charges' 1 . 

The further Proceedings of this Parliament take up 
feveral Folio Pages in Jojhua Barnes's Hiftory of this 
King's Reign, which he has tranflated from the Re- 
cords j and which indeed are much longer in themfelvei 
than of any Parliament we have yet met with : But, 
as the Scope of our Defign will not allow us to be fo 
particular as that Hiftorion, we (hall give the Abftra&s 
of the Proceedings of this Parliament in a fhorter 
Manner from Brady and TyrreJ, carefully compared 
with the Rolls. 

The Commons made Proteftation, * That they now A Protection of 
' were, and always have been, and will be, ready to- *ke Commons 
' aid the King with their Bodies and Goods, to the ut-" g ^ 

* moft of their Power ; yet if the King had always had m 

* about him loyal Counfellors and good Officers, he 

* had been now rich in Treafure, fo that he (hould not 
' have needed fo much to have charged his Subjects with 

Y 3 fe 

a Rot, Par, 50 Edvj. 111, K. ^~ ) 9, &t, tT*yifigba, p. 180. 

Parliamentary HISTORY 

K. j&fauvrf Jilt fo great Subfidies, or Tallages, confidering the vaft 
' Sums of Gold which were brought into the Kingdom 
6 for the Ranfom of the Kings of France and Scetland, 
f and other Prifoners.' It further feem'd to them, That, 

* for the particular Profit and Advantage of fome pri- 
' vate Perfons about the King, and their Confederates, 

* the Realm was much impoverifhed, and many of the 

* Merchants undone; wherefore they thought it very 

* profitable to the King and his whole Kingdom, to have 
all thefe Things duly amended, fo foon as might be/ 
And farther the Commons promifed the King, ' That, 

* if he would do Juftice and fpeedy Execution upon fucli 

* as fhould be found culpable, and proceed with them as 

* Law and Reafon required, they would undertake he 
' fhould be fo rich as to be able to maintain his Wars, 

* and fupport his other Affairs for a long Time, without 
' any great Charge to the Commons.' 

They then propounded three efpecial Points to be 
inquired into and amended. 

C 321 ] * .Firft, Whereas the Staple of Wooll, and other 
' Staple Merchandizes and Bullion, was lately ordain'd, 
' in Parliament, to be at Calais, and no where elfe, for 
4 the great Profit of the King and Kingdom, the Advan- 

X os- j < tageand Amendment of the Town, for the Concourfe 

* of Merchants, and their continual Refidence there ; the 

* faid Staple, Bullion, and Trade was removed from 

* thence, and like to be loft, by the Procurement and 

* Counfel of the faid particular Perfons about the King, 

* and their Confederates, for their own Profit, to the 

* great Damage and Prejudice of the King and his 

* Realm, and the DeftrudVion of the Town of Calais e . 

' Secondly, Whereas the King had need of divers Sums 

* of Money for his Wars and otherwife; fome Perfons, 

* by Confent and Contrivance of the faid particular Per- 
' fons about him, made Agreement for divers Sums to 

* the Ufe of the King upon Ufury, taking more from 
' him for Intereft than they bargained for, to the Deceit 
' and grievous Damage of the King. 


* In the Collelion of Public AEis is the Order from the King and Par- 
liament, for ftiictly keeping the Staple at Calais, wherein thefe Commo- 
dities are mentioned to be exported thither from this Kingdom. 

Ordina-vrrimtii yuod Stapula nofira Lanaruw, Coriorum, et PelHvm 
~\ Ifftiatarum, nee nun Plumbi, Stanni, et Pannorum vocatorum Worftedes, ac 

Cafei, Butiri, Pluma, Gaulx, Mctiis, ft/fence, et Ctfi. Tern, VI I. 
p. lit. Anno 1376, 

of E N G L A N D. .343 

* Thirdly, Whereas the King was Debtor to divers K, Edward III, 
' People upon Record in great Sums, feveral had, by Af- 

* fentand Contrivance ofthefaid Perfons, bargain'd with 

* his Creditors for the tenth, twentieth, or hundredth 

* Penny ; and procured the King to pay the whole Debt, 

* in Deceit of the King and his Creditors, for the par- 
' ticular Profit of themfelves and Confederates.' 

Upon thefe Articles feveral were impeach'd by thei mpeac h ments ^ 
Commons ; as Richard Lyon, Merchant of London and Confequence 
Farmer of the King's Subfidy, and the Lord Latimer* h * tso{> 
his Confederate, who were impriibn'd and disfranchis'd, 
and render'd incapable of bearing any Office under the 
King, or to approach his Council or Court, befides their 
Goods and Chattels being feized into the King's Hands. 
The Commons farther petitioned, ' That Juftices of 
the Peace might be named in every County by the 
Lords and Knights of the faid County in Parliament, 
and fworn before the King's Council, and not to be [ 32Z ] 
removed without Confent of Parliament; and that they 
might be allowed reafonable Fees. The King's 
Anf'wer was, * They fhould be named by him and 
his continual Council; and as to Fees he would con- 
fider of it.' 

This Parliament fat, from the Time above-mention'd 
of their Meeting, to the 6th Day of July following : A 
longer Seilion than any we have yet met with ; and 
really the Multiplicity of Bufmefs done in it, as in Im- 
peachments, fcfV. befides the Petitions of the Commons, 
which of themfelves amounted to 223 feparate Articles, 
will make it a Matter of Wonder, now, how fo much 
could be gone thro' in fo little Time. Add to this, that 
the King falling fick at Eltham, the whole Parliament 
adjourn'd thither, where all the Petitions of the Com- 
mons were read and anfwered at that Place. And to 
fhew that all the People of England were well pleafed 
with the Proceedings of this Parliament, it was, for a 
long Time after, called the Good Parliament f . 

About this Time Alice Pierce, or Ferrers, the King's The Commons 
Miftrefs, as foe is call'd, had fuch an Afcendency over Snceoft'hc 
him, that {he had the Affurance not only to intermeddle Ki ng ' s Miftrefs 
with public Affairs, but alfo to appear and fit in the in public Affiwi, 
Courts of Judicature, both Civil and Ecclefiaftical, and 


f IMingjbepd, p. 410 j Falian, 115 j Stovie, ^^\ 

Parliamentary HISTORY 

K. <tewv/!ickly defend thofe Caufes fhe had undertaken to 
promote : And therefore, for the great Scandal and Re- 
proach it caft upon the King and his Government in 
foreign Countries, the Commons had particularly pe- 
titioned tor her Removal from the King's Perfon, tho* 
it feems this Petition had no great Effect; for, not long 
after the Difiulution of this Parliament, (he was again 
reftored to the King's Favour, and to that Degree, as 
to be revenged upon her Enemies ; for (he procured Sir 
Peter de la Mare to be committed clofe Prifoner to Not- 
tingham Caftle, where he lay till the Beginning of the 
next Reign ; and that for no other Reafon, but becaufe 
he had fpoke too freely againft this Alice Pierce in the 
late Parliament 5 . 

This Year was defigned to have been celebrated as 
another Year of Jubilee, by King Edward^ being the 
5Oth of his Reign h . But it proved far otherwife than 
Tte 0th of a Jubilee to him, by the Death of his eldtft Son Edward 
Ed-ward the Prince of Wales^ the greateft and moft fucct- fsful War- 
Black Prince. fior ()f thc Age> He h, m jelf never faw another Year ; 
and, being giown very old, and weak both in Body and 
Mind, "John Duke of Lancajler, now his eUieft Son, go- 
verned both him and the Kingdom at his Pleafure *. 
This Prince, being of a haughty and proud Difpofition, 
C 3 2 3 ] was no wa - vs pl eau " n g to the Commons ; and it is 
thought, by Hiftorians, had an Ey~ to the Succeffion 
after his Father's Deceafe. Whether the old King fu- 
fpecled this or not is uncertain ; but, in Compliance with 
the Petiiion of all the Eftates, in the lair Parliament, he 
did, by his Letters Patent, immediately after create his 
His Son Ricbard^* r3in ^ on Richard* Prince of Wales, Duke of Cornwall 
thereupon de- and Earl of Cbtftcr ', as his Father had been before him; 
dared Heir Ap- upon which, lays Froifaft, he declared to the Duke of 
Lancajler and the reft of his Sons, that Prince Richard 
was of Right to reign over them. Moreover, on Chrijl- 
mas~Day following, the King dining in State, placed him 


C Sir Peter de la Mane was a Eertfordjhire Gentleman, and Knight of 
the Shire for thit County j but no Speaker of the Commons in this Par- 
liament, as Waljingbam and others after him relate. 

h There i< an Acft of Grace pafled this Year, called the Jubilee, in the 
Statutes at large An. Reg. 50, and confirmed in the firft or Richard II. 

i Contrary to theDefign of the iaft Parliament, who had provided, That, 
fince the King, thro' Age and Weaknefs, was unable to govern, twelve of 
the moft fage and difcreet Lords, fix at a Time, mould difpofe of aJl Na- 
tional Affairs under him, is, Daniel, p. 233. 

0f ENGLAND. 345 

at the Table above all his Sons, to fhew them that he K. Ettoerd ill. 
defigned him for his Succeflbr k . 

The late Truce being ended betwixt France and Eng- 
land, and the Government here having Notice of a De- 
fign forming againft them by the French King, in order 
to invade England^ and that he had made a frefh Al- 
liance with Caftile and Scotland for that Purpofe, in 
order to prevent this, and to make all neceflary Prepa- 
rations for a War, the King iffued out Writs for a Par- 
liament to meet the 27th of January next coming, at 
Wejlminjler. But the poor old King was then fo indif- 
pofed as not to be able to appear ; and a Commiflion 
was granted to Richard Prince of Wales, who was then 
about ten Years of Age, to hold the Parliament in his 

At the Day of their Meeting, in the Painted- Chamber ^ ^ nno R egn j - r> 
the young Prince fitting in the King's own Seat, Dr. 1377. 
Adam Hougbton, Bifhop of St. David's, Lord Chancel- At Wt a m i n n cru 
lor, made a Speech to the Aflembly, in the Nature of a 
Sermon, upon this ftrange Text, Ye fuffer Fooh gladly^ [ 324 ] 
feeing that ye yourfelves are Wife. The Application he 
made of his Subject was, * That they, being wife, de- 
' fired to hear him who was the contrary ;' he proceed- 
ed with Scripture, and faid, ' That as a Meflenger who 

* bringeth joyful Tidings is welcome, fo ought he to be 
' now, fince he brought them the joyful News of the 
c King's happy Recovery from a dangerours Sicknefs/ 
From hence he took Occafion to argue, ' That God 
' loved the King and the Realm ; the King, becaufe, 
c ghws diligit cajligat^ whom the Lord loveth he chaften- 
eth ; and further, from that of the Pfalmift, Uxor tua 

* ftcut Fitis abundam in Lateribus, thy Wife {hall be as 


k Froifart's Words are thefet And after tie Ftajl of St. Michael, vtben 
the Obfequy of the Prince was done and fynijbed, then the Kyng of Englandc 
made tc be knoiven to bit Sonnet, the Duke of Lancaftrc, the Erie of Cam- 

bridge, and to the Lord Thomas, the yongefl, and to all Baram, Erlts t 
Prelats, and Knigbtti of Englande, bmue that the yongc Richarde jlouldt 
be Kyng after bn Difceaf: : And fo caujed them all to fioere folemly to 
tnayntcyne him ; and on Chriftmafs-Day the Kyng made bym to fyttc at tit 
Tahle above all bit own Children, in great EJiate j refrefentyng that be 
Jboulde be Kyng after bit Difceafe. Froifart's Chronicle, tranflated by Sir 
John Bourcbier, Kpighr, London 1525, fol. cxcvi. 

1 This Commiflion to Richard Prince biWalei, called there Filiut nafler 
tarijfimut, is in Rymer't Fted. Tom. VII, p, 1341 Dat, afud Huverjng, 
in E'e}t\ vicefimo fexto Die Januariit 

346 The Parliamentary HISTORY 

K. Edward III. < the fruitful Vine, &c. and from thence he (hewed that 

* no Chriftian Prince could be fo happy j which Happi- 

* nefs he exaggerated from another Quotation, Ut videos 

* Filios Filiorum^ thou fhalt fee thy Children's Children ; 

* which the King now had the Pleafure to fee : That 
' God lov'd the Realm he proved from the Recovery of 

* fo renown'd a Prince ; the faid Recovery happening in 

* the 50th Year of his Reign ; the Year of Jubilee, the 
' Year of Joy for his faid Recovery ; of Joy, becaufe he 
6 would thereby impart unto his Subjects Bleffings, as 
' well fpiritual as temporal, all bodily Comforts : Then 

* from a Similitude, That although the Head be found, 

* if fome particular Member of the Body be difeafed, the 

* fame infected Part can receive no Virtue, Benefit, or 
e Remedy from the Head ; fo he inferred that the King 

* being now the found Head, and willing to (hew Grace 

* and Favour to his Subjects, they ought to qualify them- 
' felves a-right by approving their Loyalty found and 

* uncorrupted ; and therefore he perfuaded fuch, as 

* would be Partakers thereof, to conform themfelves, 

* by having Love and Charity, without which he pro- 
' ved, by St. Paul, nothing would avail.' 

After the Prelate had thus preached up Loyalty to the 
whole Audience, he addreffed himfelf, particularly, to 
the Lords, and told them, ' what Reafon they had to 

* think the King lov'd them dearly, fince, amongft other 

* gracious Tokens of his Good-will, he had, upon their 
r , 2 - -j c Requefts, fince the laft Parliament, advanced the Lord 

' Richard, there prefent, to be Prince of Wales. Then 

* he proceeded to {hew what Caufe they had to cherifli 
' the faid Prince, by offering unto him, as the Wife Men 
' did toChrift, all Honour, by prefenting him Gold, in 

* Token of Riches and Renown, and Myrrh, in Token 

* of his honourable Sceptre ; fince even the Pagans were 
' ufed to throw abroad Money at the Approach of any 
of their Princes.' He infifted, That the faid Prince 
' (hould, without all Rancour, be embraced with their 

* Hands and Hearts, even as Simeon embraced Chrift, 
' becaufe their Eyes had now feen that which their Hearts 

* had much longed for; that they ought to obey him as 

* the Vicar and Legate of God, that they might fee 
e the true Peace of Ifrael, viz. here in England, the 
4 Inheritance of God 3 of which many Victories had 


of ENGLAND. 347 

8 afiured him there was no fmall Hope m .' Laftly, and K' Etmerd III. 
which was much more to the Purpofe, he declared 
the Caufe of fummoning this prefent Parliament to be, 

* for that the French King, under Colour of the Truce,' 

* granted by the King at the Mediation of the Pope, yet 

* enduring, had allied himfelf both to the Spaniards and 

* Scots, the King's Enemies, and had prepared great 

* Quantities of Arms and powerful Armies, thereby 

* confpiring to blot out the Englijh Tongue and Name 
c from under Heaven. In which Cafe the King requir'd 
' their faithful Counfel, and he prayed them to confult 
' together for that Purpofe, that the King might have 

* their Anfwer as foon as poffible n . 

After the Lord- Chancellor had ended his long Ha- 
rangue, which the Reader will find favours much of the 
Court-Sycophant, and of worfhiping the rifing Sun, he 
was feconded by Sir Robert AJbton, the King's Cham- 
berlain , and Lord High Treafurer of England, who [ 3 2 ^ 1 
faid, ' That he had a particular Charge to move to them, 
from the King, for the Profit of the Realm ; that be- 
caufe divers Usurpations were by the See of Rome made 
upon the King, his Crown and Realm, as by par- 
ticular Bill in this Parliament fhould be declared, he 
required them to feek Redrefs ; yet the King at the 
fame Time protefted, that he was ready to do all that 
he ought to fatisfy his Holinefs about it.' And after 
the ufual Form of receiving Petitions from the different 
Parts of the King's Dominions, and appointing the' 
Tryers of them, the Commons were defired to repair to 
the Chapter-Houfe QiWeftminfter Abbey, there to treat 
and advife how a fitting Refiftance might be made againft 
the Enemies of the Nation, for the Safety of the King, 
Kingdom, Navy, and themfelves; and how Money might 
be moft fpeedily raifed with the lead Grievance of the 
People. Certain Lords, as before, were alfo named, 
from Time to Time, to confer with the Commons, 
for their better Direction and Information. 


Vox Angeli ad Mcnacbum Rigni Statum deplorantcm, ob extinUam Re- 
giam Profapiam, Regnum Anglorum eft Regnum Dei, Deus providebic pro 
fuo Regno. 

n Abridgment of the Records, An. 51 Edw. IIF. p. 144, &c. 

Tyrrd obfcrves, that the Prelate had the Addrefs to break off when 
the Usurpations of the Pope came in Qjjeftion ; and therefore this Part ef 
the Harangue, relating to Papal Provisions, WHS left to be managed by * 

The Parliamentary HISTORV 

K. EJwanim. The Refult of thefe Confultations was, that, to main* 
. tain the King's Wars, and the great Charge he would 

granted, "* be at for them, and the neceflary Defence of the King- 
dom, the Lords and Commons granted him 4^. by way 
of Poll from every Perfon of the Kingdom, Male and 
Female, above fourteen Years of Age, except mere 
Beggars ; and moft humbly pray'd their Liege Lord, 
' That he would pleafe to excufe them that they could 

* grant him no greater Subfidy, being moft willing to 

* have done it ; but that they were fo impoverished of 
' late by great Lofles at Sea, and otherwife, that they 

* were not able at prefent to do more. 

And the Commons prayed the King, * That he would 

* pleafe to name two Earls and two Barons for his Trea- 

* furers, as well of this Subfidy, as of that the Clergy 

* was yet to grant, and alfo of the late Subfidy on Woolls, 
Pells, and Leather, granted the laft Parliament ; and 

* that they might be fworn in their Prefence, that what 

* was received by them fhould wholly be expended upon. 

* the Wars, and not otherwife; and that the High Trea- 

* furer of England fhould receive nothing, or any ways- 
e meddle therein. 

327 ] But afterwards, when they had confidered what Sum 
the Wages of fuch four Treafurers would amount unto 
by the Year, the Commons departed from this Requeft, 
and prayed, * That the High Treafurer might be Re- 

* ceiver, to the Life of the War, in Manner accuftom- 

The Commons, in this Parliament, farther befought 

the King, ' That a Charter lately granted in the Great 

' Council, to the Mayor, Aldermen, and Commons of 

Petitions of the* the ^ ltv ^ London, upon the Article, That no foreign 

Commons. ' Merchant ought to fell to another Jlrange Merchant 

( any Goods or Merchandize^ to fell again, in Manner as 

' in the faid Patent is more fully contained, might be 

* renewed and granted, as well to other Cities and Bo- 

* roughs, as to them, with a Charter, or Ciaule of 
< Confirmation.' 

The Anfwer to which was no more than, that The 
King will be farther informed. Which fhews that, for 
fome Reafom, he did not ihink fit, then, farther to con- 
firm it. 


^/ENGLAND. 349 

At the fame Time the Commons, with the Mayor, K, Edward lilt 
Aldermen, and Commonalty of the City of London^ 
petition'd the King, That whereas divers Mifchiefs 

* often happen'd in the faid City, by reafon the Co- 

* roner was not punifhable by the Mavor, Aldermen, 
c and other Officers ; that they might chufe a Coroner 

* of themfelves, and remove him when they pleas'd, 
' as it was pra&ifed in divers Cities and Towns of the 
' Land, they anfwering to the King in Manner as ap- 
8 pertain'd to the faid Office.' The King's Anfwer was, 
The King will not depart from bis antient Rights. 

And they farther petitioned in this Cafe, ' That all 

* Provifors of Benefices from Rome^ with their Officers 
' or Servants, may be put out of the King's Proteo 
' tion, if they fue, profecute, or any ways difturb, or 

* caufe to be excommunicated, the true Patrons.' The 
Anfwer was, The Pope had promifed Redrefs^ and if 
he makes it not, the Laws in this Cafe Jhall be in Force. 

The Commons alfo prayed, ' That whereas, in the 
' laft Parliament, by untrue Suggeftions, and without 
due Procefs, the Lord Latimer, one of the Peers of [ 328 ] 
' the Realm, and fufficient to be of the King's Coun- 

* cil, as well for his Wars as otherwife, was oufted of 
4 all his Offices, and difcharged from the King's Privy 
'Council; that he may, by Award of this prefent ^jf^jff. 
6 Parliament, be reftored to his former Eftate and De- J^ent aglinft 
( gree, to the great Profit of the Kingdom/ Accordingly fcveral Perfons, 
the Sentence againft him and Alice Pierce^ and feveral vcrs'd ia this, 
others who had been impeached, was revers'd P. 

Notwithftanding what the prelatical Orator delivered 
to the Parliament about the King'? Recovery, 'tis plain, 
from the Record, that he (till lay fick at Sbene, in Sumy; 
and that on the 22d Day of February , when other Bu- 
linefs was done, certain of the Bifhops and Lords, with 
the Chancellor, Treafurer, Keeper of the Privy Seal, and 
all the Judges, were commanded to attend the King at 
that Place ; where, in his Prefence, and before the Duke 
of Lancafter and others of his Council, the Articles of a 
General Pardon and Grace, which the King had grant- 
ed to all his Subjects, were rehearfed. After which the 


P Tyrrel, upon this Occafion, remarks, That even in thefe early Times 
one Parliament ofteo acquitted thofc wUwn a former J-.aJ cor.dtran'a. fcr 
fcefcre, p. 34 a. 

350 The Parliamentary HISTORY 

K, Edward III, further Petitions of the Commons were read, and 
anfwered by the Kingj which were alfo, the next Day, 
. read publickly before both Houfes, and fo ended this 

But, before we take a final Leave of this great King 
and the Parliaments called in his Time, we {hall give 
what Mr. Prynne (the Publiftier of what is commonly 
called Cotton's Abridgment] has added as a Remark of 
fcis own, of which he delires the Reader to take No- 
tice : ' The Prelates, Dukes, Earls, Barons, Commons, 

* Citizens, Burgeffes, and Merchants of England., in 

_. ,. * this Parliament, petition the King, not only Fora 
The Parliament, D , . ' , r *'+'& j A 

petition the King "ardon in general, and of all Fines and Amerciaments 
that no Tax may * before the Jujlices of the Peace, not yet levied in /pedals 
te impofed but < wn i c h this Abridgment only toucheth, but they likewife 

by common Al- , / , . . , ,~. LI T> n. / n j 

fent in full Par- fubjom thereto this memorable Requeir (totally omitted 

liament. * by the Abridger) which I thought meet here to fup- 

4 ply q , That in Time to come your faid Prelates, Earls, 

* Barons, Commons, Citizens and BurgeJJes of your Realm 

* 0/" England, may not be henceforth charged, moleftcd, nor 
4 grieved to make any common Aid, or fuftain any Charge* 
'.unlefs it be by common Aflent of the Prelates, Dukes, 
4 Lords, and Barons, and other People of the Commons 

* of your Realm of England, and that in full Parliament; 

* nor no Impofition put upon their Woolls, Wooll- fells, 
' and Leather, or any the antient Cuftom ; That is to 
' fay, of one Sack of Wooll Half a Mark, and of three 
Hundred Wooll-felh Haifa Mark; and of one Lajl of 

* Skins one Mark of Cujlom only, according to the Statute 
' made the i^.th Year of your Reign ; faving to you the 
6 Subfidy granted unto you the lajl Parliament for a certain* 

* Time, and not yet levied. 

To which lafl Claufe the King then gave this Anfwer: 

r 229 ] * As to the Claufe, That no Charge be laid upon the 

' People without the Commons' Afient ; the King is 

' not at all willing to do it, without great Necffity, and 

' for the Defence of the Realm, and where he may do 

* it with Realbn. And as to the Claufe, That Impo- 
' fitions be not laid upon their Woolls without Aflent 
' of the Prelates, Dukes, Earls, Barons, and other 

* People of the Commons of this Realm, there is a Sta- 

4 tute 

S From the Parliament-Roll at large of 51 Edward III. N, 45. 


c tute already made, which the King wills that it fhould K Ed-ward lilt 
* ftand in Force.' 

Another Affair, which we muft not omit, is, That 
this is the firft Parliament in which we find a Speaker 
of the Houfe of Commons exprefly named as fuch ; and Sir THOMAS D* 
here Sir Thomas de Hungerford, Knt. was appointed HUNGERFORD 
Speaker by the Evidence of the Record itfelf r . There firft s P~ker of 
is no Doubt to be made but that, in former Parliaments, c m "j[ e ^ 
and perhaps in all ever fmce the Commons were call'd Record. 
to fit there, a public Orator, or one that was chofen by 
the reft to deliver their Petitions to the King, was elect- 
ed ; but no one is particularized in the Records, for 
having that Office, before the laft-named Gentleman ; 
tho', for the future, the Records go very regularly on 
in giving us their Names, even down to the prefent 

We have now brought our Parliamentary Inquiries The Death of 
to the Period of this King's Reign, who died the 2 ift 
Day of June, this very Year 1377, in the 65th Year 
of his Age, and in the 5 ift of his Reign. We (hall not 
attempt his Character : Let the more general Hiftorians 
fpeak it. We fhall only remark, that the conftant good 
Underftanding which he ever kept up with his Parlia- 
ments, thro' the whole Courfe of a very long Reign, is a 
fure and certain Proof, that his Conduct was very ac- 
ceptable to his People s . 

TAXES in this King's Time. 

TN his fixth Year he had granted him a Fifteenth J"^ e f nlcd ** 
[^ from the Counties, and a Tenth from the Cities and 
Boroughs, for one Year*. 

In his eighth Year he had the fame, and a Tenth 
granted by the Clergy 1 . 

In his tenth Year he had the fame Tax from the Laity 
and a Sixth from the Clergy '. 


r Called in the Record, Monfieur Thomas de Hungerford, Cbmalier', 
qui avoit Its Paroles pur let Communes d'Angletcrre en ctft Parlement, Sec, 
Rot. Parl. 51 Edtu. III. NO. 87. 

This King built the Chapel of St. Stephen's, in the Palace of Wifl- 
minfter, and made it a College. At the Reformation it was diilblved, and 
has been ever fmce made Uie of as the Houfc for the Commons to mc:t 


- 2 We Parliamentary HISTORY 

K. <&?*/ 1IL In his eleventh Year he had a Three-years Tenth gi- 
ven him by the Clergy in Convocation, a Three- years 
Tenth given him by the Citizens and Burgefles in Par- 
liament; and alfo a Three years Fifteenth, to maintain 
the War then begun with France, and to pay the Ger- 
tnans, Brabanters, and other Confederates on the Bor- 
t 33 J ders of Germany, againft the King of France w . 

The next Year, in order to carry on the War againft 
Prance the more vigoroufly, the Laity gave the King 
one Half of their Woolls, &e. * 

In his thirteenth Year the Great Men gave him the 
tenth Sheaf of all Manner of Grain of their Dcmefne 
Lands, except of their Bond Tenants, with the tenth 
Fleece and the tenth Lamb * : Then a Parliament was 
fummoned to meet eight Days after St. Hilary, or 2oth 
of January, in which the Commons gave the King 
30,000 Sacks of Wooll z . 

In his fourteenth Year the Prelates, Earls, Barons, 
for themfelves and their Tenants, the Knights of Coun- 
ties for themfelves and the Commons of the Land, 
granted to the King the ninth Sheaf, Fleece, and Lamb; 
but the Cities and Burgefles gave the Ninth of all their 
Goods, according to the true Value, for two Years next 
coming; and thofe that lived not in Cities and Boroughs, 
nor lived upon Tillage or Shop- Trades, paid the fif- 
teenth Part of all their Goods, according to the true Va- 
lue *. Upon the King's writing to the Parliament for 
fpeedy Supply, feeing the Ninths could not be levied 
Time enough for his Service, the Lords and Commons 
agreed to have 20,000 Sacks of Wooll fpeedily provided. 

The Clergy, in their Convocation, Oftober i, this 
Year, granted a triennial Tenth, and that the firft Year 
Jhould be paid in much lefs Time than ufual b . 
f . ; In his fifteenth Year the Ninths were revoked, in re- 
fpedr. of this Grant of 20,000 Sacks of Wooll c . 

In his eighteenth Year the Clergy of the Province of 
Canterbury granted aThree yearsTenth, and the Knights 
of Counties gave two Fifteenths, and two Tenths of 


* Ad, Mur. ad Annum 1337* 

* See p. 34 S. 

y Rot. Pad. 13 Ed-ward lU. Parti. N. 5. 

* Ibid. Part II. N. 5, 6, 7. 

a Ibid. 14 Edward III. Part I. NO. $, 6, 7. 

b Ibid. Part II. N. 9, 10. Knygbttn, col. 2576. 

e IM. 15 Edward III. N. 5, 6. 

^ENGLAND. 353 

Cities and Boroughs; and afterwards the Commons K, EJward HI, 
granted another Fifteenth. The Lords promifed to go 
with the King in Perfon, arid therefore gave nothing*. 

In his twentieth Year the Commons granted two 
Fifteenths, to be levied in two Years, in Cities, Bo- 
roughs, and antient Demefnes, as alfo of the Commons 
of the Counties ; fo that, if within that Time the French 
War fhould ceafe, the latter Fifteenth mould ceafe alfo b . 

In his two-and-twentieth Year the Commons grant- [ 331 J 
ed three Fifteenths, to be levied in three Years, fo as 
one Fifteenth was to be levied in each Year, and no 
more c . 

In his five and fix and twentieth Years the Great 
Men of the Realm and the Commonalty granted the 
King three Tenths, and three Fifteenths, to be paid in 
three Years d . 

In his feven-and- twentieth Year the King made it 
his Requeft, That the Prelates, Great Men, and Com- 
mons, would grant him the Subfidy of Wooll-fells and 
Leather, for fome Time ; to which Prayer they unani- 
moufly confented, and granted that Subfidy in Manner 
as it had been received before that Time for three Years 
to come e . 

In his nine- and -twentieth Year the Commons came 
into the Prefence of the King, Prelates, and Great Men, 
aflembled in the White Chamber, and having there a 
Ihort Conference with the Great Men, granted unani- 
moufly the Subfidy on Wooll, Leather, and Wooll-fells 
for fix Years next coming, 50*. on each Sack, fo as, 
during that Time, no other Impofitions or Charges be 
put upon the faid Commons f . 

Jn his thirty-fixth Year the Great Men and Com- 
mons granted unto the King, of every Sack of Wooll 
tranfported, 20 s. of every three hundred Wooll-fells, 
20 s, and of every Laft of Leather, 40 *. befides the an- 
tient Cuftom of Half a Mark a Sack of all Denizens, 
and 10 s. for Strangers; Half a Mark for every three 

VOL. I. Z hundred 

Rot. Parl. 18 Edto. III. NO. 9, 10, 
Hid. zi Edto. III. NO. ii. 
Ibid. 22 Edto. 111. NO. 4. 
Ibid. ^6 Ed. III. Part I. NO. 9, 10; 
Ibid. ^^ Ed-w. III. N. 31. 
f Ibid. tqEdw. HI. NO. ii. 

Parliamentary HISTORY" 

Kt Edward III, hundred Wooll-fells of Denizens, and xox. of Strangers J 
and one Mark for every Laft of Leather of Denizens^ 
and 20 J. of Strangers, for three Years g . 

In his forty-fecond Year the Prelates and Great Men, 
having had full Deliberation with the Commons, grant- 
ed the Subfidy on Wooll, Wooll-fells, and Leather, for 
two Years ; of every Sack of Wooll, and every twelve 
[ 332 ] Score of Wooll-fells, 36 j. 8^. of every Laft of Leather, 
4/. befides the antient Cuftoms as before h . 

In his forty-third Year the Lords and Commons 
granted to him the Subfidy as above for three Years ; of 
every Sack of Wooll, 43 f. \d. which patted beyond 
Sea; of every twelve Score of Wooll-fells as much ; and 
of every Laft of Leather, 4/. befides the antient Cuftom; 
of Strangers, for every Sack of Wooll, four Marks j of 
every twelve Score of Wooll-fells, four Marks ; and of 
every Laft of Leather, eight Marks, befides the antient 
Cuftom *. 

In his forty-fifth Year the Great Men and Commons 
granted a Subfidy of 50,ooo/. to be levied of every Pa- 
rilh of the Land 22 s. $d. fo as the Parishes of greater 
Value fhould contribute rateably to thofe of lefs Value k . 
This 22 s. "$d. anfwered not the Sum of 50,000 /. and 
therefore not long after, at Winchejler^ the Great Men 
and Commons granted nos. out of every Parifh, the 
22 s. 3</. being comprized in it; fo as the Pariflies of 
greater Value (hould contribute to thofe of lefs J . 

The Clergy alfo gave the King a Tax of 50,000 /. 
on their Body, to which Rate even Chantry Priefts 
were not fpared m . 

In his forty-fixth Year the Lords and Commons 
granted for two Years the Subfidy on Wooll, Leather, 
and Wooll-fells, as it was granted in the 43d Year". 
And for that this Subfidy proved not fufficient for the 
King's Expences, they granted a Fifteenth for one Year, 
to be levied as the laft was . Befides this, the Citizens 
and BurgefTes in this Parliament, for the fafe convoying 


Rot. Parl. 36 Edto. III. N. 35. 
1 Ibid. 42 Ed-w. III. NO. 9. 

Ibid. 43 Edw. III. NO. 9, 10. 

Ibid. 45 Edio. III. N. 6. 

Ibid. N. 10, ii. 

Seep. 306, 7, 316, 7. 

Rot. Parl. 46 Ediv, ill. N. la. 

J#f. NO. ii. 



Df their Ships and Goods, granted 2s. upon every TunK, Edward HI, 

of Wine, and bd, in the Pound on all Goods for a 

Year . 

In his forty-feventh Year the Lords and Commons 
granted a Fifteenth, as it had been in antient Manner 
Jevied, for two Years ; they alfo gave Tonnage and 
Poundage for two Years, as it was given the laft Year, [ 333 ] 
of all Merchandizes exported and imported, except of 
Wooll, Wooll-fells, and Leather, and then granted the 
Subfidy of them for the next Year coming p . 

In his fiftieth Year the Lords and Commons granted 
the Subfidy on Wooll, Leather, and Wooll-fells, for 
three Years, as it had been granted in his 47th Year"*. 

In his fifty-firft Year the Lords and Commons grant- 
ed him \d. of every Perfon of the Kingdom, Males and 
Females, above the Age of fourteen Years, except very 
Beggars ; and then they defired to be excufed that they 
could give no greater Subfidy, becaufe of their prefent 
grievous Neceffities r . 

Notwithstanding thefe great and numerous Taxations 
on the Public, in this King's Time, by reafon of his 
almoft continual Wars, his Treafury was fo much 
exhaufted, that he was driven to fuch Neceflity as to 
pawn his Crown thrice ; fiift, in his iyth Year, beyond 
the Seas ; again, in his 24th, to Sir John Wejlenham^ his 
Merchant ; and in his 30th to the fame Perfon, in whofe 
Hands it then lay eight Years *. 

In the 28th Year of Edward III. 1 /. s. d. 
Exports from England were 5294,184 17 2 
Imports - 38,970 13 8 

Balance * . 255,214 13 8 

'Towards forming fome Idea of the Amount of thefe Sub- 
fidles, we Jhall exhibit the following Account of the 
Price of Provifions in this King's Reign. 

In the Year 1326, I Edward III. ztTunbridge in Price of Provl- 
Kent, feventy Acres of Arable Land was worth 35 s. per fi ? n *i nthe ?; ei f n 
Annum. Twelve Hens, at is. bd. One Cock and 


Z 2 thirteen 

o Rot. Parl. N. 14, ic. 

1. N. 5. 

P Ibid. 47 Edio. 111. N. 5; 

9 /AM. 50 Edn. III. NO. 9, 

r /*/</. 51 </w. III. N. 19. 

* Campbell's Lives of the Admirals, Vol. I. p. 220,' 

t /^w, Vol. I. p, 5<5 and 251 for the Particulars* 

-.$ <]*he Parliamentary HISTORY 

1C, Edward III. thirteen Hens, at is. yd. Eight Porkers and a Hal/, 
at 15 J. Eighty Acres of Arable, at 20 s. or 3^. />*r 
Acre. Twenty Acres of Pafture, each at i d. Fourteen 
Acres of Meadow, each at 4 d. Eighteen Acres of 
Arable, each at 3 d. Twenty-feven Acres of Arable, 
each at 4-d. Two Acres of Meadow, each at lod. A 
Cock i d. Three Hens 4 d. From hence we may fee 
that we can make no certain Computation from the 
Rate of Acres, becaufe of the Difference of the Ground w * 

In 1336 there was fuch Plenty of Corn and Scarcity 
of Money, fays Knygbton, that Wheat was fold at Lon- 
don, by the Quarter, at 2 s. A fat Ox, at 6 s. 8 d. And, 
Fabian adds, for a fat Sheep 6d. and at moft Sd. Six 
Pigeons id. A fat Goofe, at 2 d. A Pig i d. And 
all other Victuals after the fame Rate, occafioned by the 
King's gathering up all the Money he could get, to 
carry on his Wars in France and Scotland. 

C 334 3 * n '33^ Wheat fold, per Quarter, at 3*. 4^. Bar- 
ley, at lod. Peafe and Beans, the Quarter, at i s. 
Oats, the Quarter, at lod. 

In 1339 feveral Undertakers promifed to deliver at 
the Town of Berwick, and in Leith Road, 10,000 
Quarters of Wheat and Malt, each Quarter at 9 /. 
Oats, Beans, and Peafe, each Quarter at 5 s. This was 
a high Pr\ce * ; for an old Hiftorian tells us that this 
fame Year a Quarter of Wheat was fold for 40 d. and 
fometimes lefs j Barley, lod. Beans and Peafe, at 
12^. and Oats, at iod. But the Conveyance raifed the 
Price y. 

In 1343 two Oxen, Price of each 8/. 

In 1344 one Cow fold at 5* z . 

In 1348, in the Time of the Peftilence, Things were 
fold almoft for nothing. A Horfe worth 40 s. was fold 
for 6s. %d. A good fat Ox at 45. A Cow at is. Aii 
Heifer, or Steer, at 6d. A fat Mutton, at $d. An 
Ewe, at 3</. A Lamb, at id, A Hog, at 5^. A 
Stone of Wooll, at gd. The Hiftorian fays they were 
not only afraid of the Catties' dying, but of their own j 
for otherwife Wooll need not have been fo cheap a . 


v Lombard's Perambulation of Kent, p. 541. 

* Abridgement of the Records, 
y Henry Knyghton, col 2575. 

v Bp. Kennet's Paroch. /Intiquit. 

Hinry Kiygbtm t col, 2599. 

*f ENGLAND. 357 

In 1349 Corn was fo plentiful, and other Provifions, K E<toarrfHJV 
that Wheat was fold, by the Quarter, at 2T. A fat Ox 
at London , for 6s. 8d.* 

In 1359 Wheat very dear ; a Quarter, fays Fabian> 
was fold at il. 6s. 8d'. 

In 1361 Wheat fo cheap, that a Quarter was fold 
at 2 1 . Two Hens for i d. b 

In 1363 a Widow paid four Hens, or in Money 
%d. Twelve Hogs at iSs. each Hog at is. 6d e . Yet 
Wheat was fo dear, fays Walfmgham> that a Quarter 
was fold at 15*. d 

In 1369, Walfmgham fays, there was fuch a Dearth, 
that Wheat was fold at I /. 4*. According 
at 1 1. Barley at i6s. ^d. Oats at 8x. 

73 ICHdR D the Second began his Reign June 21, K. Richard II, 
** in the Year 1377, he being then eleven Years of 
Age, and, on July 16, was folemnly crowned at Weft- I 335 J 
minjler. This Prince was the Son of Edward the Black 
Prince^ and was born at Bourdeaux in France ; 1366$ 
his Mother was Joan 9 Daughter of the Earl of Kent 9 
call'd, for her exquifite Beauty, The fair Maid 0/"Kent. 
The young King's Uncles were, at that Time, John of 
Gaunt, Duke of Lancajier j Edmond of Langley^ Earl of 
Cambridge^ and afterwards Duke of York j and Thomas 
of Woodjhck) afterwards Duke of Glouce/ier, all the late 
King's Sons then living. But of thefe the Duke of 
Lancajier was the Chief; who, as he had managed the 
Government during the Incapacity of the old King, 
hoped, by proper Meafures, to continue the fame Sway 
in the Mincricy of the prefent. 

On the 4th of AuguJI^ the fame Year,. Writs were A Parliament 
ifTued out for the calling a Parliament to meet fifteen called u P n his 
Days after Michaelmas. ^ t n l 

* dnt'tj. Bn'tan. 

If Dugdalis Merajt. Vol. II. 

' Bp. Kennel's Paroch. /tntiqtiit, 

See alfo Bp. Flett-uwd's (JbronKen Prt( } .^.in t 

d See p, 295, 315, Note *. , 

Lord John Ferrars, 

Lord Thomas Roos, of 


Lord Richard de Stafford, 

^-g The parliamentary HISTORY 

jt, Ricbard II. The following were the Peers fummoned to thisfrjl Par- 
liament d . 

ftnnoRegni it tyOHN King of Caftile 
I377 ' J and Leon, Duke of 
faWeftminfter. Lancafler, &c. 

Edmond&ttl of Cambridge, 
Richard Earl of Arundele, 
Thomas of Wood/lock, Earl 

of Buckingham and Con- 

ftable of England. 
Edward Mortimer, Earl 

of March, 
Thomas Beauchamp, Earl 

of Warwick, 
Hugh Earl of Stafford, 
Gilbert Umfrevile, Earl of 

William Ufford, Earl of 

William Montacute, Earl 

of Salijbury, 

Henry Percy, Earl of North- 
John Mowbray, Earl of 


Cuifchard Earl of Hunt- 
Lord James Audky, ofHe- 


Lord William Latimer, 
Lord William Bardolf, of 

Lord Ralph Bajyet, of 


Lord Gy <& Brian, 
Lord jRc^r *& Beauchamp, 
Lord ^o^ ^ Clinton, 
Lord Gilbert Talbot, 
Lord William de Bortreaux, 
Lord y^w ^ /# /^j 
r -,6 I Lord Henry Scrape, 
Lord John Nevile, 

Lord Henry Grey, o 

Lord Reginald Grey, of 


Lord Nicholas Burnel, 
Lord William le Zouch, de 

Lord Roger Clifford, 
Lord Almaric, de StAmand, 
Lord 7<?/;w ^ Botefort, 
Lord y^tf Lovel, 
Lord Roger Scales, 
Lord Ralph Crombwell, 
Lord Michael de la Pole, 

Admiral of the Northern 


Lord P^/^r de Mauley, 
Ralph Baron Grey/lock, 
Lord Walter Fitz- Walter, 
Lord Robert Ferrars, of 


Lord Robert de Harrington, 
Lord William Morley, 
Lord William de Furnival, 
Lord William de Aldburgb, 
Lord y0 Cobham,de Kent, 
Lord /&/ ^<? Da ere, 
Lord Robert Willo'ughby, 
Lord y<?^ ^/<? Welles, 
Lord 7<j^w ^ Clifton, 
Lord jR<?<?r /^ Strange, de 


Lord Maurice, de Berkley, 
Lord 7<?/z <sfe Arundele, 


Abridgement of Parliamentary Records, p. 153, 

of E N G L A N D. 359 

Lord Warrln^ de Lljle^ Edmond Earl of Cambridge K Mb'* U* 
Lord Henry Fitzbugb, as Lord Warden of the 

Lord Richard de Scropt, Cinque Ports. 

Lord Philip de Darcy, 

The Caufe of the Summons was declared by the 

Archbifliop of Canterbury e , in a Speech conformable to 

the Sanctity of his Calling, beginning with this Text, 

Rex turn venit tibi. Which Subject he divided into 

three Parts, faying, * That for three Caufes every Friend 

ought to be welcome to another. Firft, If he came to 

rejoice or be merry with his Friend for any fingular 

Benefit or good Hap that had befallen him ; and 

therefore made Ufe of this odd Expreffion, for a Male 

Friend, Et exultavit Infam in Utero ejus. The next 

was, If the faid Friend came to comfort another in 

Adverfity, as is mentioned in the Book of Job. And 

the laft, For trying his Friend in the Time of Adver-* 

fity, according to the Scripture, In Neceffitate proba- 

bitur Amicus. 

To this Preface he applied, * That the King, their [ 337 1 
undoubted Liege Lord, was now come unto them, not 
for one, but for all the three Caufes. Forthefirft, 
To rejoice with them in the great Providence and 
Grace of God, by fending his Perfon amongft them ; 
not by any collateral Means or Election, but by fpecial 
Defcent of Inheritance f , and for their Good- wills 
towards him, he was therefore come to give them 
Thanks. For the fecond, To vifit and comfort him 
in their Neceffities and Adverfities, he was alfo come, 
not only for the Death of the Noble King Edward. 
and the Prince his Son, but alfo for the great LofTes 
which they had fuftained on the Sea-Coafts, and elfe- 
where within the Realm, by their Enemies. Where- 
unto he now was come, not only to proffer himfelf 
in Aid, but to confirm all their Liberties ; to maintain 
the Laws and Peace of the Kingdom, and to redrefs 
all that was to the contrary. Thirdly, To try or 
aflay them, he was alfo come to advife and counfel 
with them for fuppreffing the Enemy ; and to require 
an Aid of them, without which he could not perform 


e Simon Sudbury, 

( Ne mye far Ele flion, fie par autre tiellt c;"at;ratti i'oir, mats far droite 
Succetfion de Heritage, G?, 

$66 2^* Parliamentary HISTORY 

%+Ritisrd II. the fame. For all which Reafons he defired them to 
f confult together. 

Then came on the ufual Forms of Parliament, in ap- 
pointing of Receivers for Petitions for England, Ireland, 
Wales, and Scotland ; with thofe of Gafcoigny and the 
Ifles. And the next Day, being again aflembled, Sir 
Richqrdle Scrape, Steward of the King's Houfhold, re- 
hearfed what the Archbiftiop had faid before, and, by the 
King's Command, told the Commons, * That he defired 

* they would advife him which Way his and the King- 

* dom's Enemies might be refifted, and how the Ex- 
' pences of fuch Refiftance was to be borne with the 

* greateft Eafe to the People, Profit and Honour to the 

* Kingdom.' 

The Commons hereupon prayed the King, c That, 

* for the great Importance of the Charge given them ? 

* in thefe Declarations, and for the Weaknefs of their 

* Abilities to advife the beft g , he would be pleafed to 

* let certain Prelates and Lords be joined with them in 

* Conciliation on fuch weighty Affairs, for the more 
I 33^ J fpeedy and happy Difpatch of the Bufinefs wherewith 

' they were charged,' and named the Duke of Lancajier, 
the Bifhops of London, Ely, Roche fler, and Carlijle ; the 
Earls of March, Arundele, Warwick, and Angus ; the 
Lord Nevile, Sir Henry de Scrape, Sir Richard le Scrape, 
and Sir Richard de Stafford', which was accordingly 
granted by the King in Parliament. 

Upon this the Duke of Lancajler immediately arofe 

L4S e the f from his Place > and > fallin S u P n his Knees before 
King's u'ncle, the King, humbly prayed his Majefty to hear him a 
complains of the little in a weighty Caufe which greatly concerned him- 

is felf ; and faid ' That thou g h the Commons had cho- 
' fen him for one of the Lords to commune with them 
' on the Matters in the Charge, yet he defired his Ma- 
' jefty to excufe him, for that the Commons had fpo- 
' ken ill of him; urging, that he had committed ma- 
' nifeft Treafon, if their Report, which God forbid, 
' was true. That he had been always careful to guard 
' himfelf againft any fuch Imputations, as it was no- 

* torioufly known that none of his Anceftors, of one 
' Side or other, was ever a Traitor, but always firm 


g Pur farduite tie lour' Charge, tt h Fcobkfce de lours Pojirs et fcnt, 
.Rot, Parl. j Ricb.ll. No. II, 

of ENGLAND. 361 

* and loyal, as it was a marvellous Thing he (hould K Kidard II, 
c deviate from the Line, fmce he had more to lofe 

* than any other Man in the Kingdom : That if any 

* Man, of what Eftate and Condition foever he was, 

* fliould be fo bold as to lay Treafon, or other Difloy- 

* alty to his Charge, or any other Thing done by him 

* prejudicial to the Kingdom, he was ready to defend 

* himfelf by his Body, or otherwife, as the King and 

* Lords fliould award, as if he was the pooreft Knight 

* Batchelorofthe Realm. 

The Duke having ended his Speech, the Bifliops and Debate thcio 
all the Lords flood up, and with one Voice defired and upon * 
prayed him that he would leave off fuch Difcourfes* 
for they thought no Man living would fay any fuch 
Things of him. The Commons alfo faid, in their 
own Defence, ' That it was apparent and notorious 

* they thought him free from all Blame and Defamation, 
' and had given an evident Proof of it in chufing 

* him to be their principal Aider, Comforter, and Coun- 
' fellor in this Parliament ; praying, with one Voice, to 

* have themfelves cleared from fuch Reports/ 

The Duke replied again, c That the Words had [ 339 ] 

* been long, tho' falfely, fpread about the Kingdom ; 

* and that he wondered much how any Man could or 

* would begin, or continue fuch Slanders, for the Dif- 

* grace and Danger that might from thence enfue. 

* Becaufe the firft Inventor of fuch Speeches, by which 
e Debate might arife between the King and the Peers 
'of the Land, was a manifeft Traitor; lince fuch 
' Debates .-might turn to the Deftruction of the whole 

* Kingdom. He therefore prayed that a good Al, or 
c Ordinance, might be provided in this Parliament, and 

* a juft and fpcedy Punifhment affigned to all the In- 

* ventors of fuch evil Reports, for the preventing the 

* Danger of them for the Time to come : And as to 
' himfelf, he declared that for what was paft all {hould 
^ be forgiven.' 

After thefe Altercations were thus ended, the Com- 
mons went upon Bufmefs j and Sir Peter de la Mare h , 


h Called, in the Records, Mcnfieur Peres de la Mare. This Sir Pierce, 
or Peter de la Mare, had been rcleafed fome Time before out of Nottingham 
Caftle, after a long Confinement, forfpeaking his Mind too fre'ely in the 
laft Reign in Parliament, againft Alice Pierce, Edward the Third's Mi- 
Artfs. 5/cwe's Cbron, p. 178, See before, p. 312, 343. 

3 6 2 75k Parliamentary Hi s T OR Y 

K, JR/VW II. Knight of the Shire for Herefordjhire> being chofeit 
Speaker of the Commons, made a Proteftation and faid, 
' That what he had to declare was from their whole 
*' Body; and therefore required that if he (hould happen 
< to fpeak any Thing without their Confents, that it 

* ought to be amended before his Departure from the 
eka SrSr". * faid Place - He commended the Feats of Chivalry here- 
pr LA MARE tofore praclifed, for which this Nation was fo renown 
as their Speaker, c e( ]. anc j f a jd t hat, by the Decay of the fame, the 
Name, m propTfe. ' Honour of the Realm did and would daily decreafe. 
feverai Regula- * That whereas Merchant's were Matters of their own 
tions in the Go- < Ships, and had the free Difpofition of them, yet, for- 
vcrnment. , merly, one Town had more good Ships than the 

' whole Nation at this Time.' He therefore prayed 
' that, * Becaufe the King was then very young and of 
' tender Age, for the Amendment of feverai Errors in 
I 34 3 ' ^ e Government, and the Prefervation of the Realm, 
which was at that Time in greater Danger than ever, 

* the King and Lords of Parliament would confider 

* more efpecially of three Things ; 

* Fir ft) That they would in thatParliament name and 

* appoint fevenfufficierstPerfons 1 , ofthedifferentEftates, 

* to be continual Counfellors to the King for the Affairs 

* of the Realm, along with the King's other State Oifi- 

* cers j and that they might be fuch Perfons as beft 

* knew how to avert impending Dangers, and would 

* diligently attend to their Charge, for the good Go- 

* vernment and Prefervation of the Realm ; and that 
6 the Commons might know the Names of thofe Coun- 
e fellors, who alfo might be the Agents and Dire&ors 

* of what Money was to be given for the Wars. 

' Secondly^ That they would pleafe to name and 
c appoint thofe that were to be about the King's Per- 

* fon, who were to be Men of virtuous and honeft 

* Converfation, that they might educate him according- 

* ly ; and that the Charge of the King's Houfhold might 

* be borne by the Revenues of the Crown, fo that what 

* was granted to the Wars might be expended that 

* Way only. 

' Thirdly, That the common Law and other Sta- 

* tutes and Ordinances of the Land might be obferved, 
4 ratified, and confirmed, and the People governed by 

4 them ; 

i Sept fi'fffantc Perfons. Record. 

of ENGLAND. 363 

* them ; and that they might not be defeated by the K. Risbard II, 
Singularity of any about the King; faving, however, 

* in all Things, the Regalities and Dignity of the King, 

* to which the Commons would have no Prejudice done 

* any Way by their Demands. 

The Anfwer which was given to thefe Petitions was, 
c That the Prelates and Lords would advife together,' 
commanding the Commons, in the mean while, to re- 
turn to their Places. 

The firft Requeft of the Commons being recited be- 
fore the King and Lords, was by them granted j yet 
fo as the Chancellor, Treafurer, and Keeper of the 
Privy-Seal, Juftices of one Bench and the other, and 
all other Officers of the Realm, might execute their 
Offices, without the Prefence of thofe Counfellors, who, 
by Advice of the Lords, were then appointed to be nine * 34 1 J 
in Number, viz. the Bifhops of London, Carlijle^ and A Council ap- 
Sali/bury, the Earls of March and Stafford^ Sir Rhbard^iMeA during 
de Sta/ord, and Sir Henry le Scrope, Bannerets; Sir|K t Kin *' s *** 
'John Devereux, and Sir Hugh Segrave, Knights Batche- n r 
lors ; who, being thus choien in Council for this Year, 
were fworn before the King himfelf to do what they 
were chofen for, in the Prefence of divers Lords in Par- 

As to the fecond Requeft, for the naming and affign- 
ing fuch as (hould be about the King's Perfon, the 
Lords of Parliament anfwer'd, ' That it feemed to them, 
for many Caufes, too heavy and hard a Requeft k to place 
any Perfon about the King that fhould not be accept- 
able to him ; or to remove any Officer, or Servant, if 
it were not by his exprefs Will, and for fome notable 
Fault to be proved againft fuch Officers and Servants ; 
wherefore the Lords would not willingly meddle with 
thefe Matters. 

To the other Part of this Requeft the Lords anfwer*. 
ed, ' That they would take good Deliberation, and 
fpeak with the Great Officers of the King's Houfhold 
about it ; and if, by their Advice, it could be done, faving 
the State and Honour of the King, what they defired 
fliould be performed.' 

As for the third Petition, it feemed reafonable to all 
the Lords that it (hould be granted. ^ 


k Trcf Cbargeant & dure Rejuffte. Record. 

364 *tt>e Parliamentary HISTORY 

H. RictarJ If. Then the Lords and Commons, (perceiving the im- 
minent Danger the Nation was in, by reafon of the great 
Wars both by Sea and Land) for the Defence of the 
Kingdom, and Refiftance of its great Enemies, granted 
A Subfidy grant- * ne ^' n g two Fifteenths without Cities and Boroughs, 
ed, and two Tenths within Cities and Boroughs, for two 

Years 1 '; praying the King, that as well the Money 
of the* faid Tenths and Fifteenths, as the Tenths 
granted by the Clergy, and Money of the Subfidy of 
Wooll, might be in the Keeping of efpecial Treafurers 
by his own Appointment, which were William Wai- 
worth and John Philpot, Merchants of London^ who 
were to give an Account of their Receipts and Difburfe- 
ments, in Manner as the King and Council fhould order. 
t 34 2 3 In this Parliament Alice Pierce^ or, as in the Record, 
t Kin ^^ tte Pe rr '* rs > the late King's Miftrefs, was brought 
Miftrefs C fent n e n- before the Lords, and accufed of procuring a Pardon'for 
cedtobebanifh- Richard Lyon, (who, in the 5<Dth Year of Edward III. 
** had been convicted of embezzling the Public Money) 

and other high Crimes, of which being found guilty, 
(he was fentenced to be banifhed, and her Eftates con- 
fifcated : But with this Provifo, * That this Law, par- 
tt favins Chufe ' ticularly made for the Prevention of fuch odious 
iai'* ' Things, fhould not be made ufe of, nor drawn into 

' Example, againft any other Perfon, or in any other 
Cafe whatfover. a 

There were alfo feveral other Petitions in this Par- 
liament ; the moft remarkable of which were thefe : 
Petitions of the The Commons prayed, ' That becaufe the late 
Commons. K j ng gj ward was g u id e d by evil Counfellors, as had 

been authentickly proved, that they might be re- 
moved from all the King's Councils ; and that other 
fit Perfons might be putln their Places; and further, 
that no Officers of the King's Court, great or final!-, 
do keep up Quarrels or Suits in the Country by 
Maintenance, nor meddle with any Thing but what 
belongs to their Office.' 

As to the firft Requefr, the King granted it ; and as 
to the fecond, touching Maintenance, he further in- 
forced it ; by ftridly forbidding any Counfcllor, Of- 
ficer, or other Servant, or others belonging to him, 
in the Kingdom, to uphold any Quarrel or Suit by 

a A nolle autrt Perfim, nt en nul autrt Ca} quiconjut. Rot. Pail. 

of ENGLAND. 365 

^falntenance, under Pain of lofing their Offices and Ser- K, Ricbatd H, 
vices, and to be imprifoned, and ranfomed at the King's 

Another Petition was, That, during the King's Mi- 
nority, the Chancellor, High-Treafurer, Chief Jufti- 
ces of one Bench and the other, the Chief Baron of 
the Exchequer, the Steward and Treafurer of the 
Houfliold, the Chief Chamberlain and Clerk of the 
Privy- Seal, the Wardens of the Forefts on this Side 
Trent and beyond, might be made by Parliament j and 
if it fliould happen that any of thefe Minifters or Of- 
ficers fliould be laid afide between one Parliament and 
another, that then another be put in his Place, by the 
King's Council, until the next Parliament ihould meet.' 
This Petition was likewife granted in Part, that C 343 ] 
while the King was under Age, the Counfellors, Chan- 
cellor, Steward of the Houfliold, and Chamberlain, 
ihould be all chofen by the Lords in Parliament, fa- 
ving always the Eftate and Heritage of the Earl of OAT- 
ford, to the Office of Chamberlain ; and as to the other 
Officers above-named, the King fliould make them by 
the Aflent of his Council. 

Then the Citizens of London defired, * That upon 
the King's fpecial Grace, and for the Enlargement of 

* the Franchifes of their City, if any Article in the Char- 
' ter granted by him and his Progenitors, to the faid 

* Citizens, fliould prove difficult or doubtful, and might 
1 be taken in divers Senfes, that then the Senfe they 
' claimed to have it in fliould be allowed.' 

To this the Anfwer was, ' That the Interpretation of 
' the King's Charters belong'd to him ; and it any Doubt 
' arofe thereupon, the King, by Advice of his Council, 

* would make fuch Interpretation as fliould be accord- 
' ing to Reafon and good Faith.' 

Dr. Brady has added another Demand of the Com- 
mons, and tho* Mr Tyrrelhzs ftriclly copied all the reft, 
yet he has omitted this, for what Reafon we know not; 
for it is evident thereby what Thoughts the People of 
England had of the great Ufe of frequent Parliaments 
in thofe Days. The Doctor's Tranflation of the Peti- 
tion is as follows : 

The Commons pray further, < That a Parliament 

* may be holden in a convenient Place once a Year, to 

4 redrefs 

Parliamentary HISTORV 

K. Ricbard II. redrefs Delays in Suits, and to end fuch Caufes whett- 

* in the Judges were of different Opinions. 

To which they had this Anfwer, The Statutes made 
for that Purpofe {hall be obferved and kept ; and as to 
the Place where the Parliament fhall be holden, the 
< King will have the Choice/ 

T *AA 1 Tnis P aruament continued from Qftoler the I3th to 
" J the 28th of November^ in all 47 Days : When the King 
gave Thanks to the Lords and Commons for their Ex- 
pedition in granting the Subfidy; and defiring the 
Knights, Citizens, and Burgefles to fue out Writs for 
their Expences, he diffolved the Parliament. b 

fcnnoRegnii. On the 1 6th of February, in the next Year, but 
2 37 8 ' which, according to the Calculation of our Lawyers, is 
r. ftill in the firft of this King c , Writs were iflued out to 
call a new Parliament to meet at IVeflminjler, 15 Days 
after Rafter, or April 25. At the Day appointed, the 
Duke of Lancajler^ with feveral Biftiops and Lords, 
came to the Palace at IVeJimlnJler^ and attended the 
King's coming for a long Time ; but fome Sheriffs 
having not yet made their Returns, the Parliament was 
adjourned to next Day, by open Proclamation made 
in the Hall for that Purpofe. And, for the fame Rea- 
fon, on that Day it was put off to the following. 

On which Day, being April 27, Sir Richardle Scrope 9 
Lord-Chancellor, opened the Sefllon with a Speech to 
this Purport. Firft, That the King defired the Li- 


b In a fliort Hiftory of the Life and Reign of King 'Richard II. in the 
Title faid to be wrote by a Person of Quality, 8, London, 168 1, p. 5, 
the Author obferves that the Grants above, of Money, were given, ' On 
Condition that the King, for the future, fhould not burden them with 

* more Requefts of that Kind to draw away his Subjefts' Money, but 

* would live on his Demefnes and continue his War, for that his own pro- 
' per Royal Revenues were fufficient both to maintain his Court and car- 
4 ry on his Wars, if the fame were but managed by fit and trufty Mini- 

* fters.' 

N. B. This Hiftory, tho' printed fo lately as 1681, is not taken No- 
tice of by Archbifhop Nicbclfen in his Eg. Hiji, Library. 

c Mr Collier fuppofes that the Year was now changed from CbriJImai 
to Lady-Day ; becaufe, fays he, Richard II. began foreign \njune 1377, 
and if the Year, had begun either at Cbri/lmus or January j, this 1'ar- 
Jiament muft have been held in the Year 13785 whereas the Statute Book 
tells us exprefly it was held Anno prw:o Rich. II. and in the Year 1377. 
But, if it had been put there 1378, it is ftill in the firft of this King 
till ^W 21, the. Day he began his Reign. Ctlliir^EalefialiicalKift. 
Book VI. p. 568. 

^/ENGLAND. 367 

* berty of the Church might be maintained. Next, that K Ritbtrd II, 
1 at the End of the laft Parliament, his Majefty, accord- 

4 ing to their Requeft, had elected feveral Lords, and 
4 others, to be of his continual Council ; but, by rea- 

* fon of the fudden breaking up of that Parliament, he 

* was not advifed what Number they would have cho- 
4 fen of the latter; yet, what were being fworn, they, 

* with the Lords, confulted about the Affairs of the 

* Realm, and the great Danger it was in; and con- [ 345 J 
4 fidering the great Charges neceflary to fupport it, they 

4 would not fully determine without the Advice of Par- 
4 liament. However, they agreed to prepare a Land- 
4 Army and a Navy of Ships, and lent the King great 

* Sums of Money to that Purpofe. Which Navy and 
4 Army his Majefty had prepared, and by that Means 
4 was become indebted to them, and to feveral good 
4 Cities and Towns for the fame Loan : Therefore he 

* defired the Lords and Commons, feparately, to weigh 
4 well the Neceffities of the Nation, and to provide ac- 
4 cordingly ; and not to wonder at the fudden Calling of 
4 this Parliament, coniidering that it was done for the 
4 King's Honour and the Safety of the Realm.' The 
Chancellor concluded with faying, 4 That for the Ex- 
4 pences borne and to be borne, the Treafurers of the 
4 fame were ready, and fhould be ready, to exhibit 
4 their Accounts. 

The Lords and Commons taking into Consideration 
the dangerous State of the Nation, at this Crifis, from 
the Malice of its Enemies, both of France and elfewhere, 
and the great Neceffities of the Kingdom, to raife Mo- 
nies to be able to withftand them"; firft, agreed that 
the Mark laid upon every Sack of Wooll, and the Six- 
Pence in the Pound for all Merchandize, which was 
given in the laft Parliament, fhould be remitted ; and, 
in Lieu thereof, they granted the old Subfidy on Wool), 
as it was before that Parliament, for one Year from . 
Michaelmas next. They likewife granted a certain Poll- A Poll-Tax 
Tax, to be paid by Perfons of different Sexes, Ranks, gained, 
Kftates, and Degrees in the Kingdom ; which being a 
Tax quite new, and the Adi itfelf expreffing, very par- 
ticularly, what Sum each Man or Woman (hould pay, 
as well as the feveral Qualities and Conditions of the 
whole Englij'i} Nation, in thole Days, we (hall give at 


'The Parliamentary HISTORY 

K. Wttard ll. Length, as tranflated from the original French ; and w 
are perfuaded it cannot be unacceptable to a curious 
Reader. " 

346 J After the Recital, in the Aft, of what is mentioned 
before, the Particulars of this Capitation-Tax begin 

The Dukes of Lancafter and JBretaigne, each ten 
Marks. e 

Alfo every Earl of England 4 L 

The, who were Widows, the fame as 
the Earls, 4 /. 

Every Baron, Banneret, or Knight, who had as good 
an Eftate as the Barons, 40 s. 

Every Baronefs, who is a Widow, as a Baron j and 
a Bannerefs as a Banneret, 40 s. 

Every Batchelor and every Efquire, who by Eftate 
ought to be made a Knight, 20 s. 

Every Widow that was the Wife of a Batchelor, of 
Efquire, 20 s. 

Every Efquire of lefs Eftate, 6 s. 8 d. 

Every Woman, Widow of fuch an Efquire, or fuf- 
ficient Merchant, 6 s. S d. 

Every Efquire without Pofleflions, Lands, Rents, or 
Goods, that is in Service, or bears Arms, 35. 4^. 

The Chief Prior of the Hofpital of St. John, as a 
Baron, 40 s. 

Every Commander of the fame Order of England, as 
a Batchelor, 20 s. 

Every other Brother, Knight of the fame Order, 

13*- 4^- 

All other Brothers of the fame Order, as an Efquire 
without Pofleflions, 3 s. 4 ^. 

Every Juftice, as well of the one Bench as of the 
other, and the Chief Baron of the Exchequer, each locu. 

Every Serjeant and great Apprentice of the Law, 40 s. 


d A Poll-Tax of 4 d. a Head on all Perfons, Men or Women, above 
the Age of fourteen, Beggars exeepted, had been granted the laft Year of 
the late King j but we do not find it was ever levied. See slbridg, p. 145, 
N. 29. 

c Mr. Tyrrtl has been guilty of a great Miftake here in copying Dr. 
Brady, for he tells us that the two Dukes paid ten Pounds a Piece as Dukes, 
and ten Marks each as Barons, which was not fo j the French Account fets 
them at ten Maiks each, and the Doftor only afllgns the fame Sum to 
them in his Englljb Tranilation. Tyrrd's Hift. Vol. III. p, 847. 

The Duke of Bretaigne, in France, was Join Mountfort. 

^ENGLAND. 369 

Other Apprentices which follow the Law, 20 s. K> Richard II. 

All other Apprentices of lefs Eftate, and Attorneys, 
each 6*. S d. 

Tne Mayor of London fhall pay as an Ear!, 4/. [ 347 J 

The Aldermen of London^ each as a Baron, 40 y. 

All other Mayors of great Towns in England, each 
as a Baron, 40 s. 

Other Mayors of fmaller Towns, according to the 
Value of their Eftate, 20 s. IQS. or 6s. 8 d. 

And all Jurats of good Towns, and great Merchants 
of the Realm, fhall pav as Batchelors, each 20 s. 

Other fufEcient Merchants, 8 s. ^d. 

All lefler Merchants, and Artificers, Hufbandmen, 
or who live upon Tillage according to the Value of their 
Eftate, 4*. 8 d. 3*. ^d. 2s. is. or 6 d. 

Every Serjeant and Freeman of the Country, accord- 
ing to their Eftate, 6 s. 8 d. or 40 d. 

The Farmers of Manors, Parfonages, and Granges, 
Merchants of Beafts, and other Buyers and Sellers, ac- 
cording to their Eftate, 6^. 8 d. 40^. 2s. or 12 d. 

All Advocates, Notaries, and Proctors, who are mar- 
ried, lhall pay as Serjeants of the Law, and Appren- 
tices of the Law, and Attorneys, each according to their 
Eftate, 40 s. 20 s. or 6s. 8 d. 

Apparitors that are married, according to their 
Eftate, 3 s. 4 d. 2s. or 12 d. 

All Inn-keepers that have not the Eftate of a Mer- 
chant, fhall pay according to his Eftate, 40 d. 2s. 
or 12 d. 

Every married Man, for himfelf and his Wife, that 
have not the Eftates above-named, and above the Age 
offixteen, except very Beggars, 4^. 

And every Man and Woman unmarried, of fuch an 
Eftate, and above the Age aforefaid, 4 d. 

Alfo every ftrange Merchant, of what Condition fo- 
ever, fhall pay according to his Ability, as other De- 

Walfmgbam and Knygbton f alfo tell us, That the 
Clergy were not exempt from this Tax, but, according 
to their own Cuftom, taxed themfelves very high, viz. 
every Archbifhop, Bifhop, and Mitred Abbot, as much as 

VOL. I. A a a 

f Sub boc^Anno. The Clergy, Walfingbam writes, were taxed, accord- 
ing to their Abilities, down to Simplex CafellaiiHt, a Chantry. Prieft, 

be Parliamentary HISTORY 

"K. Richard II. a Baron i every Abbot was to pay forty Pence for each 

r o -I 
34 * 

Monk in his Monaftery ; and the Beneficed Clergy fix 
Shillings and Eight-pence. All which together muft 
needs amount to a vaft Sum, tho* how it was difpofed 
of is hard to tell ; for we do not find that the warlike 
Preparations, at that Time, either by Sea or Land, were 
any ways adequate to fo great a Tax g . 

Anno Regni , Another Parliament was fummoned to meet the fame 
i37 8 - Year, but now the fecond of this King, on the 20th of 

AtC/oucejler. Oftober, at Gloucejler h . Tyrrel fuppofes that this Place 
was pitched upon, becaufe the Duke of Lancajler had 
been greatly difpleafed with the Londoners ; but tho' 
this Parliament met on the Day appointed, yet no Bu- 
fmefs was begun 'till the Day following. When, being 
all afiembled, the King, with his three Uncles, of Lan- 
cafter, Cambridge^n& Buckingham, the two Archbifhops, 
Prelates, Lords, and Commons, in the Great Hall of 
the Abbey of Gloucejler^ which, as theRecord fays, was 
fitted up, apparelled, and adorned, for that Purpofe, the 
JBifhop of St. Davids', then Lord Chancellor ', declared 
the Caufe of the Summons to be, 

Firft, For the Liberties of the Church, the Main- 

* tenance of the Laws and Obfervations of the Peace. 
' Next, Becaufe it had been enadled, that a Parliament 
fhould be holden once a Year k . Thirdly, Becaufe that 

* his Majefty defired to fee and confult with fo honour- 
' able an Aflembly, as was there gathered in God's 

* Name, and he commended Unity and Concord a- 

* mongft them according to the Refemblance of the 

* Church. Another great Caufe was, that the King, 

* being left in the Midft of great Wars, could neither 

' endure 

5 The Noble Hiflorian, before quoted, fays that the Privileges of the 
Sanfiuary at Wcftvrinfter were regulated in this Parliament ; for whereas, 
before, a great Number of Perfons, when they got in Debt, would flicker 
themfelves and wafte, in Revelling and Debaucheries, their Revenues, which 
could not be touched for their juft Debts, to the great Prejudice of their 
Creditors ; it was ordained, that if, upon Proclamation made, they fhould 
not furrender themfelves, then their Goods fhould be fold and their Lands 
extended, wherever found, 'till their Debts were fatisfied. The Life and 
Reign of Richard II. by a Petfon of Duality, p. z. See alfo Sam. Daniel 
in Kennet\ HiA. of England, p. 242. 

h It may bedifputed whether this Parliament was a new one, or onlyi 
Prorogation of the laft ; becaufe, on the Rolls, this ij called far fecunda, 

i Dr. Adam Hwgbton. Le Neve's Fafti ce, rfng, 

k Serroit ttnux Chtcun dn t Record, 

gf ENGLAND. 37l 

5 endure nor maintain the fame without their Aid and K. Ri'cbarJ II, 
Afliftance. That fmce the great Mifchief and Da- 
' mage done by the Scots, about Roxborougb, tho' the 

* Truce ftill fubfifted, they had allied themfelves with 

' France againft England, in order to annoy us : All r ._ * 

* which required their utmoft Confideration to prevent. 3 * 9 
4 He reminded them of two Evils, Firft, That the Law 

* of the Land and the Law of Arms do not concur to- 

* gether ; and, with certain Similitudes, required them, 
c of thofe two Laws, to make a Relative, fo as each 

* may ftand with the other. The next was to provide 

* a Remedy againft Back-biters ! , Slanderers, and Sow- 

* ers of Difcord between Nobles,Gentlemen, and Neigh- 

* bours ; which Kind of Men he refembled to Dogs 
< that devour raw Flefti, fince they eat and confume 
' living Men. For all which Enormities he wifhed 

* them to feek Redrefs ; and to be there the next Day 

* by Eight o'Clock, to hear further Declarations ; and 

* directed the Commons to confult in the Chapter- Houfe 
of the Abbey aforefaid m .' 

The next Day Sir Richard le Scrape, then Steward 
of the Houftiold, enlarged upon the Caufes of calling 
this Parliament, and, excufmg his own Inability, told 
the Prelates, Lords, and Commons, as the Chancellor 
had faid, * That the Nation was encompafled with 
Enemies, which daily increafed. That the Ports of 
Cberburgh and Brejt, which of a long Time had been, 
in the Hands of the Englijh, befides, Calais, Bour- 
deaux, and Bayonne, with the adjacent Territories, 
were very chargeable to maintain, fmce Calais, with 
its Marches or Limits about it, flood the King to more 
than 24,000 /. every Year, Breft 12,000 Marks, and 
the other three Places according to the fame Rate/ 
We now come to the third Inftance on Record, 
where a Speaker of the Houfe of Commons is exprefly 
named as fuch, and recognized by the King in fome- 
what the fame Form as is done at this Day : For im- 
mediately after the Chancellor and Sir Richard le Scrope I 35 J 
had ended their Harangues, Sir "James Pickering, having Sir JAM 
been eleded Speaker of the Houfe of Commons, 

A a 2 with, 

1 This Word is not French, being called Backbyten in the Record, 
"> Le Maifon de Cbaftfrt dt It Grant Clojftre dt 

V&e Parliamentary HISTORY 

K. Richard II. with the whole Body of them before the King, Prelate?, 
and Lords, in Parliament, and there made Proteftatiorr, 
as well for the whole Commons of England, as for him- 
felf, to this Effect, 

Hs Protection, Firft, Ifhe.jhould utttr any Thing to the Prejudice, 
' Damage, Slander, or Difgract of the King or his Crown, 
or in lejjening the Honour or Eftates of the great Lords, it 
might not be taken Notice of by the King ; and that the 
Lords would pafs it by, as if nothing had been faid n ; for 
the Commons highly defired to maintain the Honour and 
EJiate of the King, and the Rights of the Crown, as alfs 
to preferve the Reverence due to the Lords in all Points. 
Then, as for his own Perfon, he made Protejlation, that 
if, by Indifcretion, he [poke any Thing by common AJjent of 
his Fellow Membe'S, it might, either then or afterwards^ 
be amended by them. 

He then rehearfed, briefly, the Articles given them 
in Charge : * And firft, as to the Liberties and Fran- 

* chifes granted to Holy Church, and for the King's 
e Promife of entirely preferving the good Laws and 

* Cuftoms of his Kingdom, and punifhing fuch as fhould 
c act againft them ; the Commons humbly thanked him 

* with their whole Hearts, kneeling upon the Ground, 

* and .praying God they might be put in due Execution. 
- 'That, as to the Aid the King demanded of his Com- 

* mons for the Defence and Safety of his Kingdom, and 

* for the Safeguard of his Lordfhips, Lands, Towns, and 
' Forts beyond Sea, and toward his Wars, the Com- 
c mons faid, That in the laft Parliament, in his firft 

C 351 ] ' Year, the fame Things were (hewn unto them in Be- 

' half of the King, at which Time they anfwer'd, it was 

' apparent the King had not fo great Need for an Aid, 

And Remon- ' ^ eem g he had in his Hands the Priories Alien, the Sub- 

flrance upon the * fidies of Wooll, the Revenues of the Crown, the Lands 

State of the Na- < o f the Prince his Father, and many other great Lord- 

* fhips, by the Non-age of the Heirs of them ; and that 

c there- 

n Et primerment, pur la dite Commune, ejueji per cat il y difl Cbofes qut 
purreitfoner en Prejudice, Damage, Efclander, ou Villaine de no/Ire Seigneur 
h Roy, cu defa Corcne, ou en /Intent ifement del Hontr et Efla'e des Grants, 
Seigiieurs du Roialm. que ce ne ftuft accepter par le Roy, et let Seigneurs elm 
tenux pur nul, ccme Rein nen ejle diEl. Rot. Parl. z Rich. II. NO. 16. 

This is the firft Proteftaticn. of the Speaker of the Houfe of Commons, 
that is on Record% 

of ENGLAND. 373 

6 therefore they ftill conceiv'd there muft be great Plenty &* Rkbard rf. 
' of Money in the Treafury .' 

To this the King's Council in Parliament then an- 
fwered, ' That the late Charge of the Coronation had 

* been very great, and that the Money upon thofe Funds 
' they mentioned came in very flowly, nor could they be 
' collected foon enough for an Expedition that Year ; and 

* it was then further propofed, That it the Commons 

* would furnifh the King with a great Sum of Money 
' to make fuch an Expedition as might be for the De- 
ftruclion of his Enemies, they (the Council) hoped 
' he might have fufficient hereafter, from Time to Time, 

* to maintain the War, and defend the Kingdom with- 

* out them.' 

To this the Commons replied, * That, in Hopes of 

* that Promife to'be difcharged of all Tallages for a long 
' Time, they had granted a greater Sum than had ever 

* been given to any King to be levied in fo ftiort a Time; 

* and that, all Things confiderjd, it feem'd to the Com- 

* mons that there muft needs be a great Sum in the 
' Treafury, befides what had been expended in the laft 
4 Voyage ; fo that the King had no Need to charge the 

* Commons, who were in a lower Condition than ever, 

* by reafon of that Payment, and alfo by the Murrain 
' among their Cattle, and their Enemy's Burnings and 
' Depredations upon the Sea Coafts ; that their Corn 

* and Cattle were at fo low a Rate, that no Money 
' could be raifed at prefent; whereupon they prayed the 

* King to excufe them, as not being able to bear any 

* further Charge of mere Poverty. 

To all which Sir Richard le ' Scrape replied, by ma- 
king Proteftation, ' That he knew of no fuch Promife 

* made by the King in the laft Parliament; and faving 

* the Honour and Reverence due to the King and Lords, 

what the Commons faid was not true?; and as to the [ 352 ] 

* Subfidy laft granted, that a great Part of it was ftill 
4 in the Treaiury ; to wit, of the two Fifteenths and 

* two Tenths : But as to the Wooll that had been gi- 
' ven in that Parliament, he vouched the Teftimony of 
' William JValwortb and "John Philpot^ who, by their 
' Confent, were appointed Receivers of the fame, that 

A a 3 ' every 

o Bien graete Pknte dt Monoyc en le Treforie, Record, 
Tf ATe tent lent le Veri'.e t Ibid, 

3 A The Parliamentary HISTORY 

ni'-Rubari II. every Penny thereof was expended upon the War, and 
that none of it came to the High-Treafurer of England, 
'Or any other, to the Ufe of the King : That the Re- 
venues of the Crown, confidering the Annuities and 

* other Charges upon them, granted by his Father and 

* Grandfather, werefo fmall, that, without the Cuftoms 
' of Wooll, and Lands of the Priors Aliens, the Ho- 
< nour and Eftate of the King could not be maintained ; 
' and therefore -they were to know that, according to 

* Reafon, they ought to relinquifh their Complaint. 

Whereupon the Commons, after a fhort Delibera- 
tion, made it their Requeft to the King, ' That he 
' would pleafe to {hew them how, and in what Manner 
c the great Sums given for the War had been expended ; 

* and alfo that he would pleafe to let them know the 
Names of fuch as fhould be the Great Officers of the 

* Kingdom, and who were to be his Counfellors and 

* Governors of his Perfon (being yet of tender Age) 
6 for the next Year, as it had been before ordained in 

* Parliament. 

To which it was anfwered on Behalf of the King, by 
the faid Sir Richard^ ' That tho' there never was any 

* Account yet given of Subfidies, or any other Grants 

* made in Parliament, or out of Parliament, to the 

* Commons, or any other, but to the King and his Of- 
c ficers ; yet that the King willed and commanded of 
c his own Motion, to pleafe the Commons, (not that it 

* was of Right for him fo to do, or that he was obliged 
e to it, only by reafon of the Requeft now made) that 

* William Walwortb, then prefent, with fome of his 

* Council, afligned thereunto by him, fhould, in Wri- 

* ting, clearly (hew them the Receipts and Expences, 

* fo as it fhould not be drawn into an Example for the 
c future. 

* As to the Officers, the King had caufed them to be 

I 353 3 ' chofen by the Advice of the Lords ; and as to his 

4 Counfellors, they fhould be fuch as pleafed him, whofc 

* Names he would (hortly give them in Writing. 

' That the King not only commanded them, but all 
c the Lords there prefent defired, that having due Con- 

* fideration of the great and apparent Dangers on all 
' Sides, they would provide for the Defence of the 
' Kingdom ; which not only concerned the King, but 


of ENGLAND. 375 

e all and every one of them, and therefore to confider K Ricbard H. 

* how the War might be maintained ; and that they 
' would give as fpeedy an Anfwer as they could, that 
this Parliament might have an End, and a good Effe&j 

' for the Eafe of the King, the Lords, and themfelves, v 

* as alfo for the Profit of the Kingdom, and Difcharge 
4 of the poor Commons, their Conftituents, who, every 

* Day, paid their Expences during the Parliament. This 
was one of the principal Charges given the firft Day : 
Another was, * That if any Fault was found in any 
' Part of the Kingdom, or Government, in the Laws, 
' or any other Manner, that they would bring in their 

* Petitions concerning it, and they {hould have due Re- 
' medy. 

Then the Commons defired * To have a Time li- petitions of the 
' mited to bring in their common Bills, or Petitions j Commons, and 
and that it might be prolonged to the Feaft of All- 

* Souls next coming. 

Alfo the Commons prayed the King c To have a 
c Copy of the Enrolment of the Subfidy of Fifteenths 

* and Tenths, as they had been entered upon the Roll 

* of Parliament, for them to advife upon ; and this was 

* granted at the King's Pleafure, and not upon their 
' Requeft. 

They prayed likewife, ' That five or fix Prelates 
' and Lords might come to the Commons, to treat with 
' them about their Charge j but the Lords anfwered, 

* They neither ought, nor would do it in that Manner, 
' which had never been feen but in the three laft Par- 

* liaments ; for the Cuftom was for the Lords to chufe 
' a fmall Number of fix or ten, and the Commons as 

* many of themfelves, to treat together without Noife ; 

* and then report what they, had done to their Com- 

4 panions, of one Part, and the other; and according [ 
' to this Method the Lords would a6l, and no otherwife. 
To this the Commons afiented to proceed as had an- 
tiently been ufed. 

After the Commons had feen and examined the En- 
rolment, Receipts, and Expences, they were well fa- 
tisfied with them, as being honourable for the King and 
Kingdom ; and only faid, ' That 46,000 /. which was 

* expended in keeping feveral Countries, Places, and 

* Fortreffes, as the Marches of Calais, Brejl, and Ch<r~ 

The Parliamentary HISTORY 

K, Richard II. ( lurgh^ Gafcoigny^ and Ireland, was not to be charged 
< upon them; nor, as it feemed to them, were they bound 
to bear any foreign Charge. 

To which it was anfwered by the King's Council, 
' That Gafcoigny and the Forts beyond Sea were Rarbi- 
cans*) and as it were Out- works and Defences to 
' England ; and if they were well guarded, and the Sea 

* well kept, the Kingdom would be quiet, otherwife it 
could not be fo. 

The Commons then propofed * That this Charge be 
' defrayed by the Goods and Eftate of King Edward III. 
' which the King pofiefled, and was much enrich- 

* ed by it.' Whereto it was anfwered, * That thofe 
' Goods were juftly appraifed, and delivered to thofe his 
e Grandfather was indebted, except fome Necefiaries 
6 referved for his own Houfe, for which he had paid in 

* Part., and was to pay in whole for the Satisfaction of 

* his Creditors :' And therefore the King commanded, 
and the Prelates and Lords prayed them as they had 
done before. ' To advife about their Charge, and give 

* good and effe&ual Anfwers thereunto, with as much 

* Hafte as might be, for the common Profit of the King- 

* dom and Eafe of the Lords and themfelves.' 

We have not before met with fo great and fo many 
Difputes am' Altercations, between the King's Mini- 
ftry and the Commons, about granting a Subfidy ; 
f d ; ubfidygrant- however, they all Agreed upon it, at laft ; and, notwith- 
ing -ill their Excufes, the Prelates, Lords, and Com- 
mons, peiceiving the great Perils wherewith the Land 
was encompatied, and the great and extraordinary Ex- 
pences the King was to be at for the Safety and Defence 
thereof, agrred and granted the King the former Subfidy 
of Wooll, Leather, and Wooll-fells, for three Years, viz. 
of Wooll 435 4^. the Sack; and of Wooll-fells as much; 
r -rr ] that is, for every two hundred and forty of each, ac- 
counting fix Score to the Hundred ; as alfo for Leather 
4/. 6s. 8 d. on every Laft which fhould be exported 
by Denizens and Strangers, befides the antient Cuftom ; 
and, as an additional Grant, they gave 1 3 s. ^d. more for 
every Sack of Wooll 3 as much for every two hundred 

q Ita in Orig. Barbican is a Watch-Tower, Bulwark, or Breaft-Work. 

of E N G L A N D. 377 

and forty Wooll-fells ; and for every Laft of Leather, K t Rid>ard II. 
i /. 6 s, 8 d. Alfo they gave 6 d. in the Pound for every 
Pound Value of Merchandize, as well of Denizens as 
Strangers, both imported and exported, for one Year. 
Laftly, the Commons prayed the King, ' That good 
and fufficient Perfons might be appointed to be Trea- 
furersof the Monies raifed by thefe Grants, in the Man- 
ner as it heretofore has been done by Parliament ; and 
alfo that he would, for the Love of God, excufe his 
poor Commons that they could not at prefent grant 
him a greater Aid ; for that they had been much 
weakened and impoveriflied, as well by Peftilence as 
by the Wars ; their Cattle had been deftroyed by the 
Murrain ; the Corn and other Fruits of the Earth had 
in Part failed, and what was got would not give any 
Price ; yet, fuch was the Good-will they bore to their 
Sovereign Lord, that they fhould be ready to ferve 
him, when required, as well in Perfon as otherways/ 
Many other Tranfaclions pafied in this Parliament, 
which are too long to infert j we fhall only take Notice 
of two, which are, firft, Sir William Windfor and 
Alice his Wife, formerly Alice Perriers, or Alice Pierce^ 
petitioned the King and Parliament, That the Judgment 
againft her, given in the laft, might be revoked, and 
they authorized to purfue the Reverfal of it, by their 
Attornies, in due Form. Granted, 

The next was, That it feems, at this Time, there 
was a terrible Schifm in the Church of Rome, and two 
Popes were elected to fit in the Papal Chair, Urban VI. 
and Clement VII. It being then more for thelntereft of 
this Kingdom to fide with the former than the latter, 
as may be feen in our larger Hiftorians, it was enacted 
in this Parliament, That Pope Urban was the true and 
lawful Pope duly elected j and that the Benefices of all 
fuch Cardinals and others, who were Rebels to the faid 
Pope, fhould be feized into the King's Hands, and he 
to be anfwerabie for the Profits thereof: And that who- 
foever, within this Realm, fhould procure or obtain any 
Provifion, or other Inftrument, from any other Pope 
than the faid Urban, fhall be out of the King's Protec- 
tion, and his Goods and Chattels feized on as forfeited r . 
As this is the firft Inftance, fo we prefume it will be the 

r Rot, Parl, Rich. II. Pars fecur.da, N. 36 et 7?. 

2 7 8 *The Parliamentary Hi s T OR Y 

K, Richard II. Jaft, that ever the Election of a Pope of Rome {hall be 
recognized and declared lawful by an Englijb Parlia- 

Anno Re ni 3 Writs for a new Parliament went out, dated the 20th 
1380. ' of Oftober this Year, to meet on the I4th of 'January 
next, being the Monday after the Feaft of St. Hilary, at 
Weflminjler* : But, by reafon of the great Rains that had 
fallen, feveral Lords were not yet come up, nor feveral 
Sheriffs returned their Writs ; whereupon the Parlia- 
ment was adjourned to the next Day : On which, the 
King, Bifhops, Lords, and Commons, being aflembled 
in the Painted Chamber ', the Kinghts, Citizens, and 
BurgefTes were called over ; and then Sir Richard le 
Scrape, Chancellor of England, by the King's Command, 
declared the Caufe of the Summons to this Effect u : 

' Firjl, For the Liberties of the Church, the Mainte- 
1 nance of Laws, and Prefervation of the Peace. Next, 

* Bccaufe the Regality of the King's Crown was much 

* impaired, in feveral Inftances, as well by the Court 
4 of Rome as otherways ; and therefore the Provifions 
' made for fupporting it ought to be well obferved, and 

* other Remedies provided for that Purpofe. Thirdly, 

* To confult how to refift not only the Enemies of 
France, Spain, and Scotland, who had raifed hot Wars 

* againft us> but alfo to fupprefs the Rebels of Ireland 

* and Gafcoigny, and how to defend the King's Domi- 

* nions beyond Sea. All which, becaufe they could 
1 not be accomplifhed without their Aid, he defired they 

* would confult about and advife accordingly.' He fur- 
ther told them, c That the Grant made by them at Glou- 

* cejier, of the new Increafe of Woolls, and Six-pence 
' in the Pound on Merchandize, which had been revo- 

* ked in the next Parliament, on the Grant of the PoU- 

* Tax, and which was promifcd to be able to raife 

* 20,000 armed Men and as many Archers, had fallen 
' fhort; for the Chargeofthofe Soldiers came to 50,000 /. 

* befides other Expences there declared ; for all which 

' the 
See the Lift of the Peers furnmoncd to this Parliament in C:ron's 

Abridgement, p. 181. 
t Cbambre de PinEl. 
He begins his Speech, Mes Seigneurs, Ics Predates, Duct, Counts, et 

Parent, et vcus ma Sins dc la Ccn.mune d'Argleterrc, Sfe, Rot. Parl. 

3 R;<b. II. N. 2. 

^/ENGLAND. 379 

the King ftood indebted; whereof he willed them to K.JZiViarrf n. 

* have due Confederation.' Laftly, he added, ' That 

* the Lords of his Great Cpuncil were ready to lay be- 
fore them the Receipts of the laft fubfidial Grants, and 
' the Dilburfements of the fame.' 

After appointing Receivers and Triers of Petitions, Sir JN O- 
as ufual, the Commons adjourned to their Place, and" s $B e cho ~ 
foon after returned into Parliament, with Sir John Gil- M pe 
derjburg, Knight, whom they had chofen Speaker ; who, 
making the ufual Protection, firft * Prayed that the 
Prelates and other Lords of the King's (landing Coun- 
cil might be difcharged, and none fuch for the future 
be retained ; becaufe they faid, That now the King was 
of good Difcretion, in refpet of his Age, which was 
the fame with his Grandfather's at his Coronation, 
who then had no other Counfellors but the five prin- . 
cipal Officers of his Realm. Praying aifo that thofe 
five Officers, viz. the Chancellor, the Treafurer, 
Keeper of the Privy-Seal, Chief Chamberlain, and 
Steward of the Houihold, might not be renewed or 
changed untill the next Parliament. They like wife 
prayed that a Commiffion might be iflued out to cer- 
tain Perfons to furvey and examine, in all his Courts 
and Palaces, the State of the King's Houfliold, the 
* Expences and Receipts in all the Offices, &c.' 

This laft was granted, and a Commiffion was made A Committee ap- 
outtothe Earls of Arundele, Warwick, and $ ta ff* r 
the Lords Latimer, Brian> and Montacute, with y 
Hat flings, John Gilder/burg, and Edward Dalyngrugge^ 
Knights ; William Wai-worth and John Philpot y Citi- 
zens of London) and Thomas Graa, Citizen of Tork t 
with others, to execute and report the fame x . 

The Lords and Commons together, confidering [ 357 ] 
that the King and Kingdom were furrounded wiih 
Enemies, who, with great Force, endeavoured all they 
could, as well by Sea as Land, to deftroy them both, 
and even to extinguifh the Englijh Language ; there- 
fore, fcr the Defence and Safety of the Kingdom, and 
for the good Succefs of the Expedition ordered into 

* Brittany, and the Deftruclion of the faid Enemies, they 

* freely granted to the King one Fifteenth and a Half, A Suhfidy grant 

x Th whole Form of tlic Commiffion, very large, Prjnnt f*js it 
worth remarking, n, 183, Rot. Parl, 3 R:tb. II. NO. 15. 

380 The Parliamentary HISTORY 

K, Ricbardil. without the Cities and Boroughs, and one Tenth and 

' a Half within thofe Places. With this Prayer, that this 

with aReftric-' Subfidy, and what was remaining of the other, given 

tion. * lait Parliament, might be only applied for the Expe- 

' dition into Brittany, and no where elfe. 

* Confidering alfo that the Subfidy on Wooll, Leather, 
c and Wooll fells was to end at Michaelmas next ; and 

* that from ihence the King would not be able to fup- 

* pott the great Charge of carrying on the War in the 

* Marches of Calais, .Brf/t, Cherburgh in Gafcoigny, in 
< Ireland, and in the Marches of Scotland, they granted 
' the fame Sublidies, from the Time they were to end 
' at, untill the Michaelmas Twelvemonth. And, with- 

* all, praying the King that there might not be another 

* Parliament called, to charge his poor Commons, till a 

* Year after that Time/ 

Mr. Tyrrel has obferved in the Records, a remarkable 
Tranfaclion, done in this Parliament, omitted by Dr. 
Brady, which was this : * That when the King and 

* both Houfes refolved to enlarge the Powers of the Ju- 

* ftices of Peace, the Prelates and Clergy, in their Con- 

* vocation, made an exprefs Proteftation againft it,' 
TheCler ^.That it had not, or ever Jhould pafs, with their Coa- 
teft againft en- fonts. The Anfwer the King gave to this, was, That he 
larging the Pow- would not forbear, for their ^Protejiations, to make his 
thePJl. 1CeS 0i J u J^ LCi as be was wont, and by his Coronation Oath was 

obliged to do. From whence that Author obfeives, that 
the Clergy, aflembled in Convocation, were not then 
looked upon as a diflindt Eftate of Parliament, as fome 
Men, adds he, withcut any juft Grounds, have fup- 
pofed y. 

The Reader may take Notice, that the firft Petition 
of the Commons, relating to the Difcharge of the King's 
T c8 1 flanging Council, was not anfvvered. But Walfinghom 
writes z , though we do not it find on Record, Thai they 
likewife tleiired that fome one of the moft fit and dif- 
creet Barons might be ordained to be near the King's 
Perfon, who fliould be able to return proper Anfwers 
to foreign Minillers, &c. Upon which Thomas Beau- 
champ, Earl of Warwick^ was, by common Afient, af- 


y Tyrnr/'s Hifory of England, Vol. III. p. 851. Rot. Parl. 3 Ricb. II. 
No. 38. 

* ishb bic Anno, 

*f ENGLAND. 381 

figned for that Purpofe, and an annual Penfion ap- K, Richard II. 
pointed him for his Charge and Trouble. By this it 
appears more than probable, that the Duke of Lancajler y 
with the reft of the Biihops, Earls, and Barons, who 
had been appointed Governors to the King during his 
Minority, were greatly fufpedred to have embezzled the 
public Money, raifed by the laft Subfidies and Poll-Tax, 
without any great Benefit to the Nation. They, there- 
fore, wifely chofe to truft the Power in one Hand, 'ra- 
ther than in many, who might be fooner called to an 
Account for any Mifmanagement. We ftiall take our 
Leave of this Parliament with obferving, That now Sir 
Richard le Scrape, for what Reafon is not mentioned, 
furrendered his Office of Chancellorlhip, and Simon Sud- 
bury, Archbifhop of Canterbury, was put in his Place ; 
which was then looked upon as a Degradation to his 
Archiepifcopal Dignity. 

The French War continuing all this Time, with AnnoRegni^ 
very little or no Advantage to England, the King again 1380. 
wanted Money to fupport the prodigious Expence of it- A.I Northampton 
Accordingly Writs were iflued out to fummon a Parlia- 
ment to meet the Monday after the Feaft of All-Saints, 
at Northampton, notwithftanding the late Ordinance of 
calling no more Parliaments for fome Time : Befides, 
that Town was moft unfit for fuch an Afiembly, by 
reafon of Winter, and the Scarcity of Lodging and Fuel. 
At the Time appointed it was, as ufual, adjourned for 
fome Days, becaufe that again the continual Rains had 
made the Roads almoft unpaflable ; when, at laft, being 
all met, that could come, (for feveral Lords were with 
the Duke of Lancafter on the Scots Borders) in a Cham- 
ber belonging to the Priory of St. Andrew, in Northamp- 
ton, provided for that Purpofe, the Archbifhop of Can- 
terbury, as Chancellor, declared to all there prefent the 
Caufe of their Meeting, to this Purpofe : ' That they 
' could not be ignorant, that the Earl of Buckingham [ 359 ] 
' had been fent into France, with an Army which had 
' coft the King more Money than was given him by 
c the laft Parliament : Befides, the late Expedition into 
' Scotland, the Defence of Guienne, r and the Charges he 

* had been at in Ireland, had put the King under fuch 

* great Necefluies, that he had been forced to pawn his 

* Jewels, 


Parliamentary HISTORY 

K. Richard ii. < Jewels, the Subfidy on Woolls raifing very little, be- 
' caufe of the prefent Difturbance in Flanders : That 
' the Soldiers in the Marches of Calais, Bre/1, and Cher- 

* burgh, were in Arrear more than three Months, and 
' it was feared they might defert for Want of their Pay : 
' That they were to confider the King was very much 

* in Debt, and was bound, by Covenant and Indenture, 

* to pay the Earl of Buckingham-, with others concerned 

* in that Expedition, for another half Year, now near 

* ended ; and that the King was alfo at a very great 

* Charge in guarding the Coafts. Laftly, he defired 

* them to aclvife the King how thefe Expences were to 

* be borne with the rnoft Eafe to his Subjects ; and how 
c the Kingdom might be beft defended againft all its 
' Enemies, both by Sea and Land, in as fhort a Time 
c as poffible.' 

Sir JOWN GIL- ^he Commons took only one Day to treat about 
DEIISBURG cho- thefe Affairs, and then returned to the Houfe of Lords, 
fen Speaker a where, in the Prefence of the King, Prelates, and Peers, 
Sir >/; Gilder/burg^ again their Speaker 3 , 'De- 
manded a more clear Declaration of what had been 
faid to them, and efpecially what Sum was demanded 
to fupport the Charge ; praying, that no more might 
be required than was necefTary, becaufe the Com- 
mons were poor, and little able to bear fo great a 
Debate upon rai- Charge any longer.' Whereupon a Schedule was de- 
flag a Supply. jj vere j in> by the King's Great Officers and Council, 
containing the Sums neceflary, which amounted to 
i6o,oco/. Sterling. 
The Commons replied, ' That they thought the 

* Sum demanded was too much, and really infupport- 
L 3 ] < able ; and prayed, That fuch Moderation might be 

' ufed, that no more was to be demanded than what 

* was to be borne, and was abfolutely neceflary for the 

* Caufes fet forth : And farther defired the Prelates and 
' Lords would treat by themfclves about the Matter, 

* and propound the Ways by which any reafonable Sum 
' might be levied and collected.' 

The Lords took Time to confult about this Affair ; 
and, when they were agreed, they order'd the Commons 
to come before them, and told them what they refolved 

upon :' 

a EtillocfuesMcrtf. Johan. Gilder/burg, Chevalier, quavoitle Farcies fur 
Ic C*m*xt t &c. Brady, Vol. Ill, p. 343. Rot. Par, 4 Ricb. II, NO, t c, 

*f ENGLAND. 383 

wpon : Firjl* ' That a certain Sum of fo many Groats b K Richard n 

* might be paid by every Perfon in the Kingdom, both 

* Males and Females, the more able to help the lefs. 

* Secondly^ If that was not agreeable, to have an Im- 
' position upon all Manner of Merchandizes, bought and 

* fold within the Realm, for a certain Term, every 

* Time they mould be fold, to be paid by the Vender. 

* And, Thirdly^ their Advice was to raife a certain Sum, 

* by Tenths and Fifteenths; butbecaufe the laft Method 

* was grievous to the poor Commons, and that they 

* could not know what Sum it would raife, nor in what 
' Time the other Ways could be expedited, therefore 
the Lords thought proper to pitch upon the Groats, 
' and propofed four or five c to be levied upon every 

* Perfon as above, this Way of Tallage feeming to 

* them the beft and moft eafy to the Subjeft.' 

The Commons, when they had a long Time debated 
about the Manner of this Levy, came into full Parlia- 
ment, and made Proteftation, ' That they came not to 

* grant any Thing that Day ; but they faid, that if the 

* Clergy would fupport a third Part of the Charge, they 
' would grant ioo,ooo/. to be raifed by a certain Num- 
' ber of Groats, fo that the Clergy would raife 50,0007. 
' which was but reafonable, for that they poflefled a 

* third Part of the Kingdom d j and prayed the King 

* and Lords to move it to them, fpeedily to agree to 
this Propofal.' 

To which the Prelates replied, That their Grants [ 561 ] 
' were never made in Parliament, nor ou^ht to be : 
' That the Laymen neither could nor fhoufd conftrain 
c them in that Cafe ; and claimed the Liberty of the 

* Church, which before that Time they had ever en- 
' joyed. They defired that the Commons might be en- 

* joined to do what they ought and were bound to do ; 

* and as for themfelves, they would aft, under the pre- 
fent Neceflities, as they had done before.' 

At laft the Lords and Commons agreed upon a Ca- A Cjpit*ion- 
pitation-Tax, which was to be three Groats of every Ta * S"nte*. 


b The French Word for this Coin is, un Greffe, in Law-Lttia, Groffa ; 
which Sir Roger IwjfJen, in hit Gloflary to the Dec em Serif tores, renders 
Drachma, -vulgo a Grontc j N<,mtn a Magnlt-udine rejfffiu Denarii, qxafuor 
rri:m continet Denariot. They were firft coined by Edward 111, 

Quatre on tynk Grotes. Record. 

* LtC'trgif, fvi fccufit la tiirtf Partie del Royatme. Ibid. 

-i g^ The Parliamentary HISTORY 

K. Richard II, Perfon of the Kingdom, Male or Female, paft the Ag 
of fifteen Years, of what Sr.ue pnJ Condition foever, 
except Beggars - } the lufficient People in every Town to 
contribute to the Afliftance of the lefs able 5 fo as none 
paid above fixty Groats, including himfelf and his Wife. 
The whole to be for the Support of the Expedition un- 
der the Earl of Buckingham, and the other Lords join'd 
with him in Brittany , and Defence and Safeguard of the 
Sea- Ports and Kingdom-. It was further enacled, That 
Members of Par- no Knight, Citizen^ or Burgefs of this Parliament Jhould 
liament excluded^ CoUettor of this Money ; but that the King Jhould ap- 

from being Col- r i a. u it I j- i n /r 

leftors thereof, point fuch as Jhould equally levy ;/, according to the Mean- 
ing of the Grant, throughout the Kingdom. So fenfible 
was this Parliament of the great Partiality of their own 
Members, in collecting this Tax, even in thofe early 
Times, that they would not truft themfelves with it. A 
noble Inftance of a truly public Spirit, and really a Self- 
denying Ordinance. 

On the 6th Day of December, when the Schedule of 
the aforefaid Poll Tax was read in full Parliament, the 
Speaker of the Commons acquainted the King, That 
the Lords and they had alfo agreed to renew the Grant 
to him of the Subfidy on Wooll, &c. from that Time 
to Martinmas enfuing, on Account of the prefent pref- 
fmg Occafions. Afterwards the Petitions of the Com- 
mons being read to the King, and anfwered by him, he 
diflblved this Parliament. 

But tho' Matters were carried on fmoothly within 
Doors this laft Parliament, yet the Poll-Tax was the 
Occafion of a terrible Tempeft without ; which in the 
^ n ^ P rove ^ f ata l to thofe whom the enraged Multitude 
took to be the Advifers of it. The Infurrection in Kent, 
and its neighbouring Counties, headed by two fuch in- 
fignificant Fellows as Wat Tyler and "Jack Straw, had 
probably occafion'd a general Revolution, but that fome 

The faid Tax Accidents prevented it. The Accounts of this Rebel- 

*' n * W ' lth the *^ e and ^' a ^ ^ * f ' are am Pty difcourfed 
on by our general Hiftorians, wherein the Valour and 
Prudence of the young Monarch deferves a perpetual 
Memorial. We may reafonably fuppofe that no com- 
mon Reader of Englijh Hiftory is unacquainted with the 
Story of this Rebellion and its tragical Confequences ; 
Walfingham and Knyghton^ both living at that Time, 

f 562 "1 
13 J 



are very particular in their Relation of it ; to whom, or 
their Copiers, we muft refer, fince it is only confiftent 
with our Defign to give an Account of the Impofition 
of a Tax in Parliament, and not to trouble ourfelves 
with what Grudgings it occafioned by the collecting of 
it. The afore-named antient Hifto.ians have afcribed 
the Rife of this Rebellion to fome fcandalous Indecencies 
pra&ifed by the King's Collectors in the gathering this 
Tax % but it is more than probable that the Populace, 
that is, the meaner Kind of them, were provoked at it, 
becaufe it was the firft Time they ever had fuch an Im- 
pofition laid and levied on them. However, a Poll- 
Tax was hereby rendered fo odious, that another durft 
never be attempted in any fucceeding Reign, except a 
much later one, down to our prefent Times b . 

This dangerous Rebellion being at length quafhed, 
the King thought proper to fend out Writs, dated July [ 363 ][ 
1 6, for a Parliament to meet at Wejlminjler^ on the, 
1 4th of September following. It was afterwards pro- 
rogued to the Day after All-Souls ; and, by reafon of a 
Quarrel which had happened between two great Men, 
the Duke of Lancafter and the Earl of Northumberland^ 
who came to Parliament, with each a great Retinue of 
armed Followers, it was further adjourned till the King 
could make up the Difference, which was happily ended 

VOL. I. Bb a few 

a Knygbtons Words are thefe : Unas tor urn [Colle&orum] cum effiet ad